E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION

Vol. 166 WASHINGTON, WEDNESDAY, DECEMBER 9, 2020 No. 208 Senate The Senate met at 10 a.m. and was This award was earned for the wing’s pect they might be laid off now, with called to order by the President pro exceptional service to the Air Force in vaccines just around the corner, be- tempore (Mr. GRASSLEY). 2019, which included the usual thou- cause Washington fumbles the ball in f sands of flying hours and refueling, but the red zone. it also included things like the human- There are medically vulnerable PRAYER itarian efforts of this wing’s effort in Americans who have watched Oper- The Chaplain, Dr. Barry C. Black, of- the multiple Puerto Rican natural dis- ation Warp Speed appear to succeed at fered the following prayer: asters. a historic pace, but Congress can’t even Let us pray. In addition, the 185th Wing has been agree to fully fund the distribution ef- Eternal God, we praise You that You working tirelessly to support cleanup forts that will get the vaccines to peo- continue to rescue us from ourselves. efforts from this great windstorm in ple. We will tell about the wonders You Iowa called the derecho, which wiped There are Americans who have been have worked on our behalf. We are born out 800,000 acres of crops through the thrown out of work, through no fault of in sin and formed by iniquity, but Your middle of Iowa. It also included such their own, who are watching Federal power continues to transform. things that they may not be recognized aid programs tick toward expiration in Lord, You have kept us from stum- for enough—helping with the COVID–19 a few weeks, even though neither side bling and disgrace. Continue to provide testings in the State of Iowa. in Congress opposes extending them. Senate Republicans have made one our Senators with the blessings of Your So I say congratulations to the 185th offer after another after another to try mercy and peace. Lead them not into Wing, and, most importantly, thank and make law on all the significant temptation, but deliver them from evil. you for your dedication to serving our areas where nobody even disagrees. We Use our lawmakers to restore health State and country. spent July, August, September, Octo- and unity to a nation desperately de- I yield the floor. ber, and November trying different siring Your purposes to prevail. May I suggest the absence of a quorum. ways to create common ground, but Your favor keep us all secure. The PRESIDING OFFICER. The the Speaker of the House and the Sen- We pray in Your loving Name. Amen. clerk will call the roll. ate Democratic leader have been just f The senior assistant legislative clerk as consistent. At every turn, they have proceeded to call the roll. PLEDGE OF ALLEGIANCE delayed, deflected, moved the goal- Mr. MCCONNELL. Mr. President, I posts, and made the huge number of The President pro tempore led the ask unanimous consent that the order places where Congress agrees into a Pledge of Allegiance, as follows: for the quorum call be rescinded. hostage—into a hostage—of the few I pledge allegiance to the Flag of the The PRESIDING OFFICER. Without places where we do not agree. United States of America, and to the Repub- objection, it is so ordered. Back in the summertime, I pointed lic for which it stands, one nation under God, f out the obvious. I said leading Demo- indivisible, with liberty and justice for all. crats simply just didn’t want any more The PRESIDING OFFICER (Mr. BAR- RECOGNITION OF THE MAJORITY LEADER help to reach American families before RASSO). The Senator from Iowa. the election occurred. The other side Mr. GRASSLEY. Mr. President, I ask The PRESIDING OFFICER. The ma- claimed great offense; how insulting to unanimous consent to speak for 1 jority leader is recognized. even suggest that such cynicism might minute in morning business. f be at play. The PRESIDING OFFICER. Without And now they are admitting it out CORONAVIRUS objection, it is so ordered. loud. Yesterday, on CNN, the Demo- f Mr. MCCONNELL. Mr. President, the cratic whip was asked point-blank why American people are hurting. We are in the Speaker and the Democratic leader RECOGNIZING THE IOWA AIR NA- the thick of one of the worst national were so unwilling to play ball back in TIONAL GUARD’S 185TH AIR RE- crises in modern memory, and people’s the autumn. The No. 2 Democrat re- FUELING WING eyes are fixed on Congress. They need sponded: ‘‘[Well], there was some exu- Mr. GRASSLEY. Mr. President, on the House and the Senate to stop chas- berance involved because an election November 27, it was announced that ing our tails and make a law. was coming.’’ Well, he gets points for the Iowa Air National Guard’s 185th There are small business employees candor: ‘‘because an election was com- Air Refueling Wing in Sioux City, IA, who have held onto their jobs all this ing.’’ has been awarded the Air Force Out- time because of the Paycheck Protec- A few days ago, Speaker PELOSI told standing Unit Award. tion Program but are facing the pros- reporters why she reversed months of

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S7289

.

VerDate Sep 11 2014 02:42 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.000 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7290 CONGRESSIONAL RECORD — SENATE December 9, 2020 statements and suddenly began dis- spent months ensuring that unem- and critical infrastructure. Allied cussing comparatively more reasonable ployed Californians can’t have jobless countries are following our lead, and sums of money. Her answer was simple. aid extended and California restaurants public and private sector cooperation She thinks the Presidential election can’t get another round of PPP unless has improved to defend the institu- went the way she wanted. The Speaker the Governor of California gets a Fed- tions, alliances, and international of the House views it as a success that eral slush fund out of proportion to any order the CCP wants to disrupt. she denied struggling people relief they proven need. The administration has worked with badly needed for months because she Do working families agree they international partners to ensure the se- thinks she got the political result she should not get any more help them- curity of 5G, reassert freedom of navi- was after. selves unless the Governors and State gation in the South China Sea, and I count no fewer than 10 separate legislators get a controversial bailout? blunt harmful elements of China’s times that top Democrats rejected or Are struggling Americans saying: exploitive Belt and Road Initiative. blocked various Republican efforts to Thank goodness the Democrats are Of course, more needs to be done, jump-start the process, so here is just a bravely—bravely—blocking help for me particularly on human rights. The partial sampling. and my family unless my State politi- treatment of Hongkongers in the spot- In July, Republicans sketched a com- cians get some more cash? I would say light reminds the world of the ways we prehensive plan for safe schools, jobs, not. know Beijing is treating Uighurs and and healthcare. We could have made Our people need more help. There is a Tibetans in the shadows. law in July, but the Democratic leader huge list of helpful policies that both And if China treats its own citizens wouldn’t even engage with it. Just be- sides agree on. This need not be rocket with brutal violence, just think how it fore August, Republicans tried to at science. But we can’t do a thing unless plans to treat its neighbors. So I wel- least extend unemployment aid before the Democrats decide they actually come the latest sanctions imposed by it expired. Democrats blocked that as want to make a law. the administration and the latest au- well. f thorities granted by Congress. We are In September, we tried something raising the stakes for China’s repres- else: a targeted effort to spend hun- CHINA sion, but our work isn’t over. Our part- dreds of billions of dollars for PPP, Mr. MCCONNELL. Now, Mr. Presi- ners will continue to look to us to lead vaccine development, and other prior- dent, on another matter entirely. Last with a tone of zero tolerance for this ities. Every Democrat who voted week, the struggle to preserve freedom behavior. The United States must con- blocked us from even debating it, and and autonomy in Hong Kong was dealt tinue to work alongside China’s peace- they did it a second time a month later another disturbing blow. ful neighbors and our democratic al- in October. On Thursday, Jimmy Lai, a promi- lies, like Japan and Australia. We must Last week, after speaking with the nent media figure and pro-democracy give voice to those in Hong Kong, administration, I made yet another activist, was denied bail. The Chinese Xinjiang, and Tibet who have been re- overture. The Democratic leader said: Communist Party continues cracking pressed and jailed. We must stand No thanks. And just yesterday, the down on dissent and free speech. Not against the worst instincts and actions Speaker and the Democratic leader long ago, the international community of the Communist Party. brushed off two different overtures in hoped China’s modernization would f the space of about 2 hours. create more respect for basic freedoms. I suggested that both sides drop what Unfortunately, the CCP has just mar- REMEMBERING EMMANUEL seemed to be the most controversial shaled new tools for making its oppres- ‘‘MANNY’’ CAULK demand in the eyes of our counter- sion even more stifling. Mr. MCCONNELL. Mr. President, now parts. Democrats continued to oppose Internationally, we have seen the on one final matter, last week, stu- commonsense legal protections that Chinese Communist Party find more dents and families in Kentucky were university presidents have been beg- success exporting its warped vision met with tragic news. On Friday, ging for, and Republicans see no need into the global public square than the Manny Caulk, the superintendent of to send huge sums of money to State free world has had getting Beijing to Fayette County Schools, passed away and local governments whose tax reve- respect the rules of the road. unexpectedly. nues have actually gone up—gone up. For the last 4 years, thanks to this Manny was the first member of his Negotiating 101 suggests we set those administration’s leadership and this family to graduate from college. In two controversial pieces aside and plow Senate, we have begun exchanging the 2015, he assumed responsibility for the ahead with a huge pile of things that old naivete about China for a smarter second largest school district in Ken- we agree on, but that would require and tougher approach. Through new tucky. An education had changed his both sides to truly want to get an out- national security and national defense life, literally, and he wanted to share come. strategies, the United States has com- that gift with others. And by all ac- Just hours after Democrats poured mitted to deterring a new wave of counts, he did just that. cold water on that, Secretary Mnuchin threats from near-peer competitors Manny encouraged his students to tried another new tack and sent over like China and Russia. aim high and helped them exceed ex- an offer, and in a bizarre and schizo- Reforms to our budgets and policies pectations, starting with his first stu- phrenic press release, the Speaker and are underway. We have used NDAAs dents in a county detention center, the leader said the administration was and appropriations to invest in a mili- and, in 2018, his colleagues chose him obstructing negotiations by negoti- tary that is prepared to meet and de- as Kentucky’s ‘‘Superintendent of the ating. Two more brush-offs in about 2 feat these threats. Maintaining our Year.’’ hours. More deflection, more delay, and edge will mean sustaining these re- I was glad to have Manny’s partner- more suffering for innocent Americans. forms, along with strong diplomacy, to ship as we worked to protect Kentucky Can anyone point to a single sign—a counter China’s influence. families from COVID–19. At every step, single sign—from April through now, In coordination with the executive he kept focused on the well-being of that Democratic leaders have seriously branch, our Intelligence Committee Lexington students. wanted another bipartisan deal to be- has highlighted the need for everyone Over the weekend, condolences come law? Can anybody name one to strengthen their defenses against poured in as we reflected on Manny’s way—just one—the Democratic leaders the CCP’s espionage, intellectual prop- lasting contributions. I would like to would have behaved differently if their erty theft, and political influence cam- add the Senate’s gratitude for this top- singular goal was to kill any com- paigns. tier educator. Our prayers are with promise? That hypothetical world Senators CORNYN and FEINSTEIN, in Manny’s wife Christol and their chil- looks suspiciously like the world we particular, have led bipartisan efforts dren at this very difficult time. have been living in. to reform CFIUS and protect against I suggest the absence of a quorum. Think of it. We have a Speaker of the predatory foreign investments aimed The PRESIDING OFFICER. The House from San Francisco who has at threatening or stealing high-tech clerk will call the roll.

VerDate Sep 11 2014 02:42 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.002 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7291 The senior assistant legislative clerk only could we not get a vote on some- Navigating different States’ require- proceeded to call the roll. thing that represented a good-faith ef- ments can make for a miserable tax Mr. THUNE. Mr. President, I ask fort at addressing the key needs that season for mobile workers, and it can unanimous consent that the order for are being felt by the American people also be a real burden for their employ- the quorum call be rescinded. as a result of the pandemic, but we ers. It is particularly challenging for The PRESIDING OFFICER. Without couldn’t even get on the bill to debate smaller businesses, which frequently objection, it is so ordered. it. lack the in-house tax staff and track- So we are trying yet one more time, f ing capabilities of larger organizations. and I hope this time we will meet with The situation has long cried out for a RESERVATION OF LEADER TIME success because I do believe that we solution. For the past four Congresses, The PRESIDING OFFICER. Under need to pass COVID relief before the I have introduced legislation, the Mo- end of the year, and I hope Members of the previous order, the leadership time bile Workforce State Income Tax Sim- the Democratic leadership will decide is reserved. plification Act, to create a uniform that they are willing to move forward standard for mobile workers. It is a bi- f to meet our country’s most critical partisan bill, and under that bill if you CONCLUSION OF MORNING COVID priorities. spend 30 days or fewer working in a dif- BUSINESS REMOTE AND MOBILE WORKER RELIEF ACT OF ferent State, you would be taxed as 2020 normal by your home State. If you The PRESIDING OFFICER. Morning Mr. President, on the subject of business is closed. spend more than 30 days working in a COVID relief, there is another issue different State, you would be subject to f that we should address before the end that other State’s income tax in addi- of the year, and that is tax relief for re- EXECUTIVE SESSION tion to income tax from your home mote and mobile workers. The com- State. plicated tax situation facing mobile In June of this year, I introduced an workers has been an issue for a while EXECUTIVE CALENDAR updated version of my mobile work- now, but it has been thrown into espe- force bill: the Remote and Mobile The PRESIDING OFFICER. Under cially sharp relief by the pandemic. Worker Relief Act. Like my original the previous order, the Senate will pro- As everyone knows, medical profes- mobile workforce bill, the Remote and ceed to executive session to resume sionals around the country have trav- Mobile Worker Relief Act would create consideration of the following nomina- eled to hard-hit areas this year to help a uniform 30-day standard governing tion, which the clerk will report. hospitals deal with the influx of COVID State income tax liability for mobile The senior assistant legislative clerk cases. But what many people don’t re- workers. But my new bill goes further read the nomination of Allen alize is that these medical profes- and addresses some of the particular Dickerson, of the District of Columbia, sionals, like other mobile workers, are challenges faced by mobile and remote to be a Member of the Federal Election likely to face a complicated tax situa- tion this year as a result. For the ma- workers as a result of the coronavirus. Commission for a term expiring April The Remote and Mobile Worker Re- jority of Americans, State income tax 30, 2025. lief Act would establish a special 90- is fairly uncomplicated. Most Ameri- CORONAVIRUS day standard for healthcare workers cans work in the same State in which Mr. THUNE. Mr. President, I am hop- who travel to another State to help ing that we will be able to pass a they reside. So there is no question as to which State will be taxing their in- during the pandemic. This should en- COVID relief bill before Christmas. As sure that these workers don’t face an the leader has said earlier, we don’t come. For mobile workers, however—like expected tax bill for the contributions need to resolve all of our differences to traveling nurses or technicians or the that they make to fighting the pass a bill. We can pass targeted legis- medical professionals who responded to coronavirus. lation that focuses on the priorities COVID in hard-hit areas—the situation My new bill also addresses the pos- that we all agree need to be addressed. is a lot more complicated. Like most sible tax complications that could face As the leader pointed out earlier this Americans, their income is subject to remote workers as a result of the pan- morning on the floor, Republicans here taxation in the State in which their demic. During the coronavirus crisis, in the Senate have tried repeatedly, permanent home is located, but any in- many workers who usually travel to going back to last summer, to move come that they earned in a State other their offices every day have ended up legislation that is targeted, that is fis- than their State of residence is also working from home. This doesn’t cally responsible, and that addresses subject to taxation in the State in present a tax problem for most employ- the key needs that are being experi- which they earned it. ees, but it does present a possible prob- enced and the challenges that are being Now, individuals can generally re- lem for workers who live in a different felt by the American people during the ceive a tax credit in their home State State than the one in which they work. pandemic. for income tax paid to another State, Under current State law, these work- In fact, as recently as October, we thus avoiding double taxation of their ers usually pay most or all of their had a majority of U.S. Senators here income. I would add, however, that for State income taxes to the State in on the floor that attempted to get on a States that don’t have an income tax— which they earn this income rather bill—a targeted, fiscally responsible and there are many of those across the than their State of residence. However, bill—that addressed the needs that our country, including my home State of now that some workers who usually small businesses have, with additional South Dakota—there is no tax credit work in a different State have been funding for the PPP program; that pro- against income tax paid because there working from home, there is a risk vided an extension for unemployment is no income tax paid in the home that their State of residence could con- insurance for people who were unem- State. sider the resulting income as allocated ployed; that provided funding for vac- But mobile workers’ income tax situ- to and taxable by it as well. That could cine distribution; that also provided ation is extremely complicated, as mean a higher tax bill for a lot of funding for frontline workers and, I they generally have to file tax returns workers. should add, funding for schools and in multiple States, and it is made even My bill would preempt this problem universities. It was a very targeted, fis- more complicated by the fact that by codifying the prepandemic status cally responsible bill. It was voted on States have a multitude of different quo. Under my bill, if you planned to here in the Senate not only once but rules governing just when income work in North Carolina but had to twice. earned in their State starts to be work from home in South Carolina dur- Both in September and October, we taxed. Some States give up to a 60-day ing the pandemic, your income would brought a bill to the floor and couldn’t window before income earned by mo- still be taxed as if you were going in to even get on it because the Democratic bile workers in their State is subject to the office in North Carolina every day, leadership decided to block that bill. taxation. Other States start taxing mo- just as it would have been if the pan- So we didn’t even have a debate. Not bile workers immediately. demic had never happened.

VerDate Sep 11 2014 02:42 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.003 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7292 CONGRESSIONAL RECORD — SENATE December 9, 2020 Relief for mobile workers is a bipar- The senior assistant legislative clerk (C) recommendations for the development tisan idea. A version of my original read as follows: and implementation of a regulatory process mobile workforce bill has passed the A bill (S. 3451) to improve the health and and framework that would allow for the House of Representatives multiple safety of Americans living with food aller- timely, transparent, and evidence-based modification of the definition of ‘‘major food times, and the only reason it hasn’t ad- gies and related disorders, including poten- tially life-threatening anaphylaxis, food pro- allergen’’ included in section 201(qq) of the vanced so far in the U.S. Senate is be- Federal Food, Drug and Cosmetic Act (21 cause of the opposition of a handful of tein-induced enterocolitis syndrome, and eosinophilic gastrointestinal diseases, and U.S.C. 321(qq)), including with respect to— States, like New York, that aggres- for other purposes. (i) the scientific criteria for defining a food sively tax temporary workers. or food ingredient as a ‘‘major food allergen’’ New York, of course, was the epi- There being no objection, the com- pursuant to such process, including rec- center of the pandemic in the United mittee was discharged, and the Senate ommendations pertaining to evidence of the States early on, and medical profes- proceeded to consider the bill. prevalence and severity of allergic reactions Mr. THUNE. I ask unanimous con- sionals from across the country came to a food or food ingredient that would be re- sent that the Scott of South Carolina to New York to work and to help out. quired in order to establish that such food or substitute amendment at the desk be food ingredient is an allergen of public Now, one would think that their pres- agreed to, that the bill, as amended, be health concern appropriate for such process; ence would be an occasion for profound considered read a third time and and gratitude, but New York Governor An- passed, and that the motion to recon- (ii) opportunities for stakeholder engage- drew Cuomo apparently also regards sider be considered made and laid upon ment and comment, as appropriate, in con- them as an opportunity for a tax wind- sidering any such modification to such defi- the table. nition. fall. That is right. Despite the fact that The PRESIDING OFFICER. Without these workers provided indispensable (b) PUBLICATION.—The Secretary shall objection, it is so ordered. make the report under subsection (a) avail- help to New York in the worst period The amendment (No. 2695), in the na- able on the internet website of the Depart- during the pandemic, in May Governor ture of a substitute, was agreed to, as ment of Health and Human Services. Cuomo announced that these workers follows: The bill (S. 3451), as amended, was or- would nevertheless be subject to New (Purpose: In the nature of a substitute) dered to be engrossed for a third read- York’s substantial income tax for the Strike all after the enacting clause and in- ing, was read the third time, and time that they spent working in the sert the following: passed as follows: State. SECTION 1. SHORT TITLE. S. 3451 It is unconscionable that we would This Act may be cited as the ‘‘Food Al- allow healthcare professionals who Be it enacted by the Senate and House of Rep- lergy Safety, Treatment, Education, and Re- resentatives of the United States of America in risked their lives—risked their own search Act of 2020’’ or the ‘‘FASTER Act of Congress assembled, 2020’’. lives—to care for individuals in SECTION 1. SHORT TITLE. coronavirus-stricken States to be pun- SEC. 2. FOOD ALLERGY SAFETY. This Act may be cited as the ‘‘Food Al- ished with unexpected tax bills. And we (a) IN GENERAL.—Section 201(qq)(1) of the lergy Safety, Treatment, Education, and Re- need to make sure that Americans who Federal Food, Drug, and Cosmetic Act (21 search Act of 2020’’ or the ‘‘FASTER Act of U.S.C. 321(qq)(1)) is amended by striking 2020’’. work from home to help slow the ‘‘and soybeans’’ and inserting ‘‘soybeans, and spread of the virus don’t face a com- SEC. 2. FOOD ALLERGY SAFETY. sesame’’. (a) IN GENERAL.—Section 201(qq)(1) of the plicated tax situation or an unexpect- FFECTIVE DATE.—The amendment (b) E Federal Food, Drug, and Cosmetic Act (21 edly high tax bill as a result. made by subsection (a) shall apply to any U.S.C. 321(qq)(1)) is amended by striking It would be wonderful to see the food that is introduced or delivered for intro- ‘‘and soybeans’’ and inserting ‘‘soybeans, and Democratic leader who, of course, hails duction into interstate commerce on or after sesame’’. from New York, speak up to endorse re- January 1, 2023. (b) EFFECTIVE DATE.—The amendment mote and mobile worker relief. He SEC. 3. REPORT TO CONGRESS. made by subsection (a) shall apply to any should make it clear whether he agrees (a) REPORT.—Not later than 18 months food that is introduced or delivered for intro- after the date of enactment of this Act, the with Governor Cuomo’s decision to duction into interstate commerce on or after Secretary of Health and Human Services (re- January 1, 2023. cash in on COVID relief workers’ as- ferred to in this section as the ‘‘Secretary’’) SEC. 3. REPORT TO CONGRESS. sistance or whether he thinks these shall submit to the Committee on Health, (a) REPORT.—Not later than 18 months vital medical professionals should be Education, Labor, and Pensions of the Sen- after the date of enactment of this Act, the spared unexpected tax bills. ate and the Committee on Energy and Com- Secretary of Health and Human Services (re- I really hope that he is not actively merce of the House of Representatives a re- ferred to in this section as the ‘‘Secretary’’) standing in the way of my bill in order port that includes— shall submit to the Committee on Health, to protect Governor Cuomo’s efforts to (1) descriptions of ongoing Federal activi- Education, Labor, and Pensions of the Sen- boost New York’s coffers at healthcare ties related to— ate and the Committee on Energy and Com- workers’ expense. I encourage him to (A) the surveillance and collection of data merce of the House of Representatives a re- on the prevalence of food allergies and sever- port that includes— make it clear where he stands on this ity of allergic reactions for specific food or (1) descriptions of ongoing Federal activi- issue. food ingredients, including the identification ties related to— I intend to do everything I can to en- of any gaps in such activities; (A) the surveillance and collection of data sure that my bill receives a vote in the (B) the development of effective food al- on the prevalence of food allergies and sever- Senate before Christmas. Passing this lergy diagnostics; ity of allergic reactions for specific food or legislation would spare a lot of workers (C) the prevention of the onset of food al- food ingredients, including the identification a lot of misery when April comes lergies; of any gaps in such activities; around. (D) the reduction of risks related to living (B) the development of effective food al- Americans have been through enough with food allergies; and lergy diagnostics; this year. Let’s not add unexpected tax (E) the development of new therapeutics to (C) the prevention of the onset of food al- prevent, treat, cure, and manage food aller- lergies; bills to the equation. gies; and (D) the reduction of risks related to living f (2) specific recommendations and strate- with food allergies; and FOOD ALLERGY SAFETY, TREAT- gies to expand, enhance, or improve activi- (E) the development of new therapeutics to ties described in paragraph (1), including— prevent, treat, cure, and manage food aller- MENT, EDUCATION, AND RE- (A) strategies to improve the accuracy of gies; and SEARCH ACT OF 2020 food allergy prevalence data by expanding (2) specific recommendations and strate- Mr. THUNE. Mr. President, as if in and intensifying current collection methods, gies to expand, enhance, or improve activi- legislative session, I ask unanimous including support for research that includes ties described in paragraph (1), including— consent that the Committee on Health, the identification of biomarkers and tests to (A) strategies to improve the accuracy of Education, Labor, and Pensions be dis- validate survey data and the investigation of food allergy prevalence data by expanding the use of identified biomarkers and tests in and intensifying current collection methods, charged from further consideration of national surveys; including support for research that includes S. 3451 and the Senate proceed to its (B) strategies to overcome gaps in surveil- the identification of biomarkers and tests to immediate consideration. lance and data collection activities related validate survey data and the investigation of The PRESIDING OFFICER. The to food allergies and specific food allergens; the use of identified biomarkers and tests in clerk will report the bill by title. and national surveys;

VerDate Sep 11 2014 06:19 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.005 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7293 (B) strategies to overcome gaps in surveil- Since then, many things have hap- We don’t know what to do with that, lance and data collection activities related pened. We have also learned that the but we ought to look at the evidence. to food allergies and specific food allergens; CARES Act was not enough. We So far in this calendar year, with 15 and thought this crisis would end long ago, million people infected with COVID–19, (C) recommendations for the development and it didn’t. Perhaps now with vac- and implementation of a regulatory process fewer than 3 lawsuits per State—3 per and framework that would allow for the cines coming online, we will see some State—have been filed in medical mal- timely, transparent, and evidence-based dramatic changes in the few months practice or consumer personal injury modification of the definition of ‘‘major food ahead, but what are we going to do in claims. There are a lot of other law- allergen’’ included in section 201(qq) of the the meantime? Are we going to con- suits between businesses and with in- Federal Food, Drug and Cosmetic Act (21 tinue to help those drawing unemploy- surance companies—by prisoners in jail U.S.C. 321(qq)), including with respect to— ment? Are we going to continue to help saying that their confinement is dan- (i) the scientific criteria for defining a food the businesses that are struggling to gerous to their health, people filing or food ingredient as a ‘‘major food allergen’’ survive and to help their employees lawsuits against Governors for issuing pursuant to such process, including rec- make it through another week or an- ommendations pertaining to evidence of the orders to stay at home and close down prevalence and severity of allergic reactions other month? Are we going to do what businesses—but when it comes to the to a food or food ingredient that would be re- is necessary to help State and local personal injury claims, there are very quired in order to establish that such food or governments that have seen losses in few. Very few. food ingredient is an allergen of public their revenues in historic terms? Are We know why—those of us who have health concern appropriate for such process; we going to take care to provide the been involved in the practice of law. and logistical support for the actual vac- One of the things that you have to (ii) opportunities for stakeholder engage- cinations that are necessary across ment and comment, as appropriate, in con- prove to recover in a case is causation. America? That question is unanswered That is rare in a case dealing with sidering any such modification to such defi- because we have done nothing—vir- nition. coronavirus, to be able to pinpoint ex- (b) PUBLICATION.—The Secretary shall tually nothing—since March 23. actly when you became infected and make the report under subsection (a) avail- A group of Senators several weeks what the circumstances are. That is able on the internet website of the Depart- ago met for a socially distanced, safe why so few lawsuits have been filed. ment of Health and Human Services. dinner at one of the homes of my col- The Senator from Kentucky is insist- f leagues and talked about another ap- ing that there be immunity to liability proach—a new approach, a bipartisan EXECUTIVE CALENDAR—Continued as part of any agreement. It is a thorny approach—to try to deal with COVID topic, a difficult topic, a controversial The PRESIDING OFFICER. The Sen- relief. If the leaders were unable to act, ator from Illinois. topic, but I plead with him to hold to perhaps we could start the conversa- another day the overall issue of liabil- CORONAVIRUS tion. ity. Accept this emergency bill that we Mr. DURBIN. Mr. President, March I signed up for that effort with a have put together as a bipartisan group 23—March 23 has been a long time from number of Republican Senators and of Senators to address this issue in the this date, and a lot of things have hap- Democratic Senators, and we set out to pened in America since March 23. Over write a COVID relief bill—with our reality of the world we live in. To hold 200,000 American lives have been lost. staff’s help, of course. I didn’t realize it back because of some other major Millions of Americans have been in- what I was getting into in terms of issue that has not been resolved is un- fected with the COVID virus. Our fami- time commitment. We have spent lit- fair to American families and workers lies have changed. Our lives have erally hour after hour after hour, day and students and health workers. We changed. We have tried to adjust to the after day after day—multiple times in owe it to them to do everything in our worst pandemic America has seen. a day sometimes—dealing with the dif- power to help them now. We know that we have fallen short ficult issues of what America needs How can we in good conscience go many times in providing the resources now in emergency relief because of this home for Christmas knowing that the that were needed in a timely way. I can COVID–19 crisis. day after Christmas, 12 million Ameri- remember in the early stages of this We have come to a general conclu- cans will see their unemployment in- pandemic when in my State of Illinois sion on all but one issue as to what we surance disappear because of our in- there were desperate phone calls from would propose, and we believe it should ability to act? What kind of spirit is the Governor asking if I could find be done quickly. You see, on December that of any holiday season? I think we some way to help, in Washington or 26, 12 million Americans will lose their need to be mindful of the fact that any other place, to provide protective unemployment insurance. Businesses there are a lot of helpless people count- equipment for the people in the struggling now will close between now ing on us to do something. healthcare field. and then if we don’t do something. I hope we realize that this bipartisan We know as well that many people Unfortunately, the speech given by effort put together by a group of Sen- have seen businesses close in their the Republican leader on the floor this ators, which I have been honored to be communities. In my hometown of morning suggests that whatever we part of, is a good-faith effort to answer Springfield, IL, our favorite restaurant came up with and proposed is not going the basic questions of what is needed is clinging to its business life, and we to be taken seriously. That is unfortu- now in America and what is needed on are finding excuses to order food out as nate. I think there is real wisdom, bi- an emergency basis. It is a good bill— often as possible to keep them open. partisan compromise in our proposal. far from perfect. It deserves a vote on Others haven’t been so lucky. Their It is within the power of the Repub- the floor of the U.S. Senate. businesses are closed, and their jobs lican leader to call this matter to the If Senator MCCONNELL has another have disappeared. floor, and that is all we ask. Make it proposal that he wants to put on the Millions of Americans are drawing subject to amendments, if you wish, floor as well, he certainly has that unemployment. Many are waiting in but let’s get this debate underway. right as the majority leader, but to long lines for food. Desperate decisions This silent, empty Chamber is no an- close the door on this bipartisan effort are being made because people are in swer to the cries of American people is to reject a good-faith undertaking by desperate circumstances. who are desperate for help in the midst Senators from both sides of the aisle, A lot has happened since March 23. of this pandemic. Political posturing Democrats and Republicans. The reason I mention that date is that and press releases from one side or the I plead with the majority leader, let’s was the day we passed the CARES Act. other won’t put food on the table, not claim some political victory when It was a momentous, historic effort—$3 won’t give a father peace of mind, this is all over at the expense of a lot trillion to try to rescue this economy, won’t give a mother the help she needs of helpless people across America who to help the American people through with childcare, won’t give a student are battling this pandemic. this crisis, to provide resources that the broadband service they need to I yield the floor. were needed—and it was overwhelm- continue their education. I suggest the absence of a quorum. ingly bipartisan. It passed the Senate There is an issue that still is unre- The PRESIDING OFFICER. The by 96 to 0. solved, and it is the issue of liability. clerk will call the roll.

VerDate Sep 11 2014 02:42 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.001 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7294 CONGRESSIONAL RECORD — SENATE December 9, 2020 The senior assistant legislative clerk serving. I know that he will render dis- The question is, Will the Senate ad- proceeded to call the roll. tinguished service to the country in vise and consent to the Broussard nom- Mr. HAWLEY. Mr. President, I ask this capacity. ination? unanimous consent that the order for I yield the floor. Mr. LEE. I ask for the yeas and nays. the quorum call be rescinded. VOTE ON DICKERSON NOMINATION The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mr. sufficient second? objection, it is so ordered. SASSE). Under the previous order, the There is a sufficient second. NOMINATION OF SEAN J. COOKSEY question is, Will the Senate advise and The clerk will call the roll. Mr. HAWLEY. Mr. President, in a few consent to the Dickerson nomination? The legislative clerk called the roll. moments, we are going to be voting on Mr. HAWLEY. Mr. President, I ask Mr. THUNE. The following Senators a series of nominations to the Federal for the yeas and nays. are necessarily absent: the Senator Election Commission, one of which is The PRESIDING OFFICER. Is there a from Georgia (Mrs. LOEFFLER), the of personal interest to me. It is the sufficient second? Senator from Georgia (Mr. PERDUE), nomination of Sean Cooksey to be a There appears to be a sufficient sec- and the Senator from South Dakota ond. Commissioner of that body. (Mr. ROUNDS). I know Sean personally because I The clerk will call the roll. The senior assistant legislative clerk Mr. DURBIN. I announce that the have had the great privilege of working called the roll. Senator from California (Ms. HARRIS) is with Sean for the last 2 years while he Mr. THUNE. The following Senators necessarily absent. has served as the general counsel in my are necessarily absent: the Senator The PRESIDING OFFICER (Mr. office. Sean is a native Missourian. He from Georgia (Mrs. LOEFFLER), the LANKFORD). Are there any other Sen- comes from the eastern part of the Senator from Georgia (Mr. PERDUE), ators in the Chamber desiring to vote? State, just north of St. Louis. He is a and the Senator from South Dakota The result was announced—yeas 92, proud graduate of Truman State Uni- (Mr. ROUNDS). nays 4, as follows: versity in the State of Missouri. He Mr. DURBIN. I announce that the [Rollcall Vote No. 259 Ex.] comes from a working family there in Senator from California (Ms. HARRIS) is YEAS—92 the State, and his family still lives necessarily absent. Alexander Fischer Portman there. The PRESIDING OFFICER. Are there Baldwin Gardner Reed Sean has rendered exceptional serv- any other Senators in the Chamber de- Barrasso Gillibrand Risch ice to me this last year and a half. In siring to vote? Bennet Graham Roberts fact, when I came to the Senate not Blackburn Grassley Romney The result was announced—yeas 49, Blumenthal Hassan even 2 years ago, I have to say Sean Rosen nays 47, as follows: Blunt Heinrich Rubio had more experience than I did, having [Rollcall Vote No. 258 Ex.] Booker Hirono Sanders Boozman Hoeven served in this body for several years be- YEAS—49 Sasse Braun Hyde-Smith Schatz fore in the office—on the staff of Sen- Alexander Ernst Portman Brown Inhofe Schumer ator TED CRUZ of Texas. Barrasso Fischer Burr Johnson Risch Scott (SC) Blackburn Gardner Cantwell Jones Sean has done absolutely out- Roberts Shaheen Blunt Graham Capito Kaine standing work in the last year and a Romney Shelby Boozman Grassley Cardin Kelly half in my office helping us pass impor- Rubio Sinema Braun Hawley Sasse Carper Kennedy tant legislation, including my first bill Burr Hoeven Casey King Smith Scott (FL) Stabenow signed into law in the Senate, the Sup- Capito Hyde-Smith Scott (SC) Cassidy Klobuchar Cassidy Inhofe Collins Lankford Sullivan Shelby porting and Treating Officers in Crisis Collins Johnson Coons Leahy Tester Sullivan Act. This is a law that will direct new Cornyn Kennedy Cornyn Lee Thune Thune funding to police officers and other law Cotton Lankford Cortez Masto Manchin Tillis Tillis enforcement all across the State of Cramer Lee Cotton Markey Toomey Crapo McConnell Toomey Cramer McConnell Udall Missouri and across the Nation to get Cruz Moran Wicker Crapo Menendez Van Hollen the help and support they need when Daines Murkowski Young Daines Merkley Warner they are exposed to violence, when Enzi Paul Duckworth Moran Warren Durbin Murkowski Whitehouse they are exposed to situations that re- NAYS—47 Enzi Murphy Wicker quire followup help, counseling. It gets Baldwin Heinrich Rosen Ernst Murray Wyden them the resources especially in small Bennet Hirono Sanders Feinstein Peters Young Blumenthal Jones Schatz and local police departments in rural NAYS—4 areas, like those across my State. Sean Booker Kaine Schumer Brown Kelly Shaheen Cruz Paul was instrumental in drafting this legis- Cantwell King Sinema Hawley Scott (FL) lation and in getting it passed. It was a Cardin Klobuchar Smith NOT VOTING—4 proud day almost a year and a half ago Carper Leahy Stabenow Casey Manchin Tester Harris Perdue when President Trump signed that bill Coons Markey Udall Loeffler Rounds into law. Cortez Masto Menendez Van Hollen This is just one example of the out- Duckworth Merkley The nomination was confirmed. Durbin Murphy Warner standing service Sean has rendered not Feinstein Murray Warren f just to my office but to the people of Whitehouse Gillibrand Peters EXECUTIVE CALENDAR Missouri and not just to the people of Hassan Reed Wyden Missouri but to the people of the NOT VOTING—4 The PRESIDING OFFICER. The clerk will report the next nomination. United States. That is why, while I am Harris Perdue sorry to see Sean go on a personal Loeffler Rounds The bill clerk read the nomination of level, I am absolutely delighted for the The nomination was confirmed. Sean J. Cooksey, of Missouri, to be a country because my loss is going to be Member of the Federal Election Com- f the gain of the United States of Amer- mission for a term expiring April 30, ica. EXECUTIVE CALENDAR 2021. I want to congratulate Sean on this The PRESIDING OFFICER. The The PRESIDING OFFICER. Under nomination and what I think will soon clerk will report the next nomination. the previous order, the question is, Will be his confirmation in just a few mo- The senior assistant legislative clerk the Senate advise and consent to the ment’s time. read the nomination of Shana M. Cooksey nomination? I want to congratulate his family. I Broussard, of Louisiana, to be a Mem- Mr. HAWLEY. I ask for the yeas and know this is a very proud day for them. ber of the Federal Election Commis- nays. I believe Sean will be the youngest sion for a term expiring April 30, 2023. The PRESIDING OFFICER. Is there a member of the Federal Election Com- The PRESIDING OFFICER. Under sufficient second? mission, maybe in the history of this the previous order, all postcloture time There appears to be a sufficient sec- body. I can’t think of anyone more de- is expired. ond.

VerDate Sep 11 2014 02:42 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.009 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7295 The clerk will call the roll. and I have encouraged everyone to use average of nearly $6,000 in back rent The bill clerk called the roll. this bipartisan proposal as a frame- and utilities—a shocking figure. Mr. THUNE. The following Senators work for negotiations. We need to deliver an emergency re- are necessarily absent: the Senator Yesterday, the White House pre- lief package to keep American fami- from Georgia (Mrs. LOEFFLER), the sented us an offer of similar size, lies, workers, and businesses afloat Senator from Georgia (Mr. PERDUE), around $900 billion—an encouraging until the crisis finally begins to sub- and the Senator from South Dakota sign that Republican leadership is mov- side. The only way to get that done is (Mr. ROUNDS). ing in the right direction by endorsing in a bipartisan fashion. The sooner the Mr. DURBIN. I announce that the the size of the Gang of 8’s bill. But the Republican leader realizes it, the bet- Senator from California (Ms. HARRIS) is President’s proposal must not be al- ter. necessarily absent. lowed to supersede or obstruct the bi- BIDEN ADMINISTRATION NOMINATIONS The PRESIDING OFFICER. Are there partisan congressional talks that are Mr. President, on Biden nomina- any other Senators in the Chamber de- underway. That is where the real ac- tions—President-Elect Biden continues siring to vote? tion is and where bipartisan agreement to roll out an impressive slate of Secre- The result was announced—yeas 50, on the basic concepts will ultimately taries-designate to lead Cabinet agen- nays 46, as follows: be forged. cies in his administration. [Rollcall Vote No. 260 Ex.] The President’s proposal, for in- Yesterday, he selected Lloyd Austin YEAS—50 stance, completely misses the mark on to be the next Secretary of Defense, an- unemployment benefits and aid to other groundbreaking selection. Mr. Alexander Ernst Paul Barrasso Fischer Portman American families. In order to include Austin would be the first African- Blackburn Gardner Risch $600 stimulus checks, it actually cuts American to lead the largest Cabinet Blunt Graham Roberts proposed unemployment benefits by agency in our government. Secretary- Boozman Grassley Romney greater than a factor of 4, from $180 bil- designate Austin is a familiar face to Braun Hawley Rubio Burr Hoeven Sasse lion to just $40 billion—an unaccept- many of us on Capitol Hill, and I am Capito Hyde-Smith Scott (FL) ably low amount—while tens of mil- also pleased to say he is a familiar face Cassidy Inhofe Scott (SC) lions of Americans remain out of work, to many in the North Country in New Collins Johnson Shelby Cornyn Kennedy almost all of whom have lost their jobs York. He is the former commander of Sullivan Cotton King because of COVID. the 10th Mountain Division at Fort Thune Cramer Lankford Economists from every end of the Drum—the pride of Jefferson County. Crapo Lee Tillis Cruz McConnell Toomey spectrum, including the conservative Like all of President-Elect Biden’s Daines Moran Wicker U.S. Chamber of Commerce, are warn- national security nominees, Senate- Enzi Murkowski Young ing us that the United States faces the designate Austin is deeply experienced NAYS—46 prospect of a double-dip recession with- and familiar with our Nation’s national Baldwin Heinrich Sanders out another round of emergency fiscal security, as well as the many issues Bennet Hirono Schatz stimulus. A robust unemployment ben- that face our servicemembers and their Blumenthal Jones Schumer efit is crucial—crucial—to that pro- families each and every day. Lloyd Booker Kaine Shaheen gram. Earlier in the pandemic, it Austin served our Nation for more than Brown Kelly Sinema helped keep 12 million Americans out four decades, and his willingness to Cantwell Klobuchar Smith Cardin Leahy Stabenow of poverty and propped up consumer serve his country again is admirable. Carper Manchin Tester spending. We shouldn’t be cutting un- He will make an excellent Secretary of Casey Markey Udall Coons Menendez employment benefits now, as the Presi- Defense. Van Hollen Cortez Masto Merkley dent’s team proposes; we should be ex- Now, an hour ago, I met with Presi- Warner Duckworth Murphy dent-Elect Biden’s economic team by Warren tending them. Durbin Murray Now, the Republican leader, as usual, teleconference, including Secretary- Feinstein Peters Whitehouse Gillibrand Reed Wyden gave a very angry speech this morning designate of Treasury, Janet Yellen, to Hassan Rosen accusing Democrats of all manner of discuss priorities with the incoming NOT VOTING—4 things, including intentionally block- administration on how to get our econ- ing aid to thwart President Trump. I omy back on track. I urged them, once Harris Perdue Loeffler Rounds don’t know what evidence he has of President-Elect Biden becomes Presi- that, but there are actual reports— dent, to go bold. Austerity right now is The nomination was confirmed. honest-to-God reports—in the New not what America needs but a bold pro- The PRESIDING OFFICER. Under York Times and the Washington Post gram to stimulate our economy and the previous order, the motions to re- that Leader MCCONNELL was warning get things moving, to help get people consider are considered made and laid the White House not to cut a deal on jobs—good-paying jobs—because our upon the table, and the President will COVID relief before the election. economy is suffering. I look forward to be immediately notified of the Senate’s Here is the Washington Post: our continued conversations. action. ‘‘McConnell warns White House against A few weeks ago, I predicted that we f making stimulus deal as Pelosi and would see some crocodile tears from LEGISLATIVE SESSION Mnuchin inch closer.’’ That is from Oc- the Republican majority about Biden’s tober 20—2 weeks before the election. Cabinet nominees, but I didn’t think it The PRESIDING OFFICER. The Sen- Meanwhile, Democrats have contin- would occur this fast. It began when ate will now resume legislative session. ually lowered our proposals, now by several Republican Senators raised RECOGNITION OF THE MINORITY LEADER over $2 trillion, to move closer to our some objections over Neera Tanden’s The PRESIDING OFFICER. The Republican colleagues in the spirit of Twitter feed. After 4 years of pre- Democratic leader is recognized. compromise and for the sake of getting tending that they ‘‘didn’t see’’ Presi- CORONAVIRUS something done for the American peo- dent Trump’s latest online outburst, it Mr. SCHUMER. Mr. President, the ple. It would do a whole lot of good if seems that Senate Republicans have most important item on the Senate’s the Republican leader would drop the rediscovered their Twitter passwords to-do list before the end of the year is daily tirades and diatribes, which seem now that Joe Biden is the President- a bipartisan emergency relief package to be based in some alternative reality, elect. for a nation suffering the worst month and join the rest of the Senate in urg- This week, after President-Elect of the COVID–19 pandemic. ing the bipartisan negotiations now un- Biden announced that Xavier Becerra Negotiations continue between a bi- derway to continue. is his pick to be the next Secretary of partisan group of Senate and House Families all over the country are Health and Human Services, Repub- Members who, last week, agreed in nearing a point of desperation, unable lican Senators raised concerns, in their principle on a $900-plus billion emer- to put food on the table, a roof over minds, about Mr. Becerra’s qualifica- gency relief proposal. As the details their children’s heads. By January, tions. The senior Senator from Texas continue to get sorted, Speaker PELOSI nearly 12 million renters will owe an said:

VerDate Sep 11 2014 02:42 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.012 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7296 CONGRESSIONAL RECORD — SENATE December 9, 2020 I’m not sure what his Health and Human Mr. MENENDEZ. Mr. President, If we aren’t going to be willing to ask Services credentials are. It’s not like Alex today I am asking our colleagues to these questions, then we have to think Azar who used to work for pharma. stand up for two very important prin- about the magnitude of the sale with- With all due respect to the senior ciples. One is the congressional over- out caring about the consequences. Senator from Texas, working for the sight over arms sales abroad and, sec- I have heard a number of my col- pharmaceutical industry is not the ondly, to ensure that these sales, in leagues advocate in support of these only way to get experience in fact, promote and protect the long- sales because they believe it will help healthcare. Some might argue it is the term national security of the United our like-minded partners better pos- wrong kind of experience for an HHS States. ture against Iran. Now, no one is more Secretary. Colleagues, I wish we didn’t find our- clear-eyed in this Chamber or has pur- The truth is, Xavier Becerra is emi- selves in the position of having to dis- sued Iran and its threat of nuclear nently qualified. He worked in the cuss our concerns with this sale in this weapons more than I, and we are clear- House of Representatives for two dec- kind of forum. The United Arab Emir- eyed about the threat Iran continues to ades, always very involved in advanc- ates has, indeed, been an important pose to national security interests, but ing the healthcare of his constituents, partner in the fight against terrorism we have yet to understand exactly and he has a particularly long track and across the region and, I believe, what military threat the F–35s or record as an advocate of women’s will continue to do so. However, a sale armed drones will be addressing vis-a` - health. As the attorney general of Cali- of this magnitude requires the appro- vis Iran. Furthermore, according to the fornia, he became one of the foremost priate due diligence. Trump administration, as recently as For the past few decades, the execu- legal experts on our Nation’s last year, the UAE continued to host a tive branch has respected the congres- healthcare laws. number of companies that facilitated sional oversight of the arms sales proc- I must say, it is particularly rich for Iranian financial transactions in viola- ess, a critical piece of which is an in- this Republican majority to raise ‘‘con- tion of various U.S. sanctions. formal review period during which we cerns’’ about whether Biden Cabinet So Iran is a threat, but you are help- get answers to pressing questions. We nominees have every last pristine qual- ing it facilitate U.S. financial trans- have an opportunity to review sen- ification for their posts. Not so long actions. It is not that I have said so but sitive information so that, when sales ago, nearly every Republican in this that the Trump administration has come up for the formal notification, Chamber lined up to make an oil exec- said so. Meanwhile, over the past year, which is what we have before us now, utive the Secretary of State. I don’t re- Iran has ramped up its nuclear capa- we have a clearer path forward. Unfor- member too many Republican ‘‘con- bilities amidst American diplomatic tunately, in this case, the Trump ad- cerns’’ when President Trump nomi- fallout. ministration decided to simply ignore nated a retired neurosurgeon to be the So, if we really want to talk about congressional rights here and the re- Secretary of HUD or when he put Rick countering Iran, we need a comprehen- view process, formally notifying the Perry in charge of the Department of sive, diplomatic strategy. Arming part- sales of these complex weapons sys- ners with complex weapons systems Energy—an agency he wanted to abol- tems, along with other weaponry, to- that could take years to come online is ish before learning it maintained the taling $23 billion. Nation’s nuclear stockpile and that he Beyond obliterating the congres- not a serious strategy with which to would be in charge of it. If memory sional review process, the administra- confront the very real and timely serves, this Senate Republican major- tion also seems to have rushed through threats from Iran. ity confirmed a Secretary of Education the interagency review of a sale of this I have also heard some of our col- whose only qualification for the job magnitude. Whereas, a sale of this leagues argue that, if we do not sell was she used her inherited fortune to scope would normally merit months these weapons, the UAE will turn to try to privatize American schooling. and months of detailed deliberations China and Russia. Well, let’s be clear: Look, the country needs to move on between the Departments of Defense They already do. They already do. Our from the past 4 years, but Senate Re- and State, this sale was announced own Department of Defense’s inspector publicans can’t pretend like it never with more missing than a few dotted i’s general recently reported that the UAE happened. After the sordid caliber of and crossed t’s. may be funding the Russian mercenary nominees that this Republican major- I will go into more detail later before Wagner Group in Libya. U.N. reporting ity confirmed over the past 4 years, it we vote, but the bottom line is that implicates the UAE’s use of Chinese- will be impossible to take these com- there are many outstanding issues that manufactured drones, in violation of plaints about Biden’s nominees very se- are critical to U.S. national security the U.N. arms embargo, also in Libya. riously. that have not been addressed, includ- So, while I absolutely agree that we I yield the floor. ing, by way of example, the United have to counter Chinese and Russian I suggest the absence of a quorum. Arab Emirates’ present and future influence in the region, again, this re- The PRESIDING OFFICER (Mr. ROM- military relationships with Russia and quires a real strategy, not simply more NEY). The clerk will call the roll. China. My understanding is that there arms. Isn’t this a conversation and a The senior assistant legislative clerk are negotiations to have with China re- commitment that we should get in proceeded to call the roll. garding an airstrip for the Chinese writing from the UAE as part of such Mr. MENENDEZ. Mr. President, I ask military off of the UAE. Is that in the an arms sale? We don’t have that. Fur- unanimous consent that the order for national interest and security of the thermore, if we go forward with these the quorum call be rescinded. United States? sales, yet deny similar requests to The PRESIDING OFFICER. Without Should we not have a definitive com- countries like Qatar or Saudi Arabia, objection, it is so ordered. mitment from the UAE that it will not where will they go for their advanced f move forward if these arms sales move weaponry to keep pace, and what reac- forward, including with the most so- tion will Iran have to them? Do we MOTION TO DISCHARGE—S.J. RES. phisticated stealth jet fighter that we really think we can sell this just to the 77 have? How do we work to safeguard UAE and not have those other coun- Mr. MENENDEZ. Mr. President, pur- U.S. technology? the guarantees we tries come knocking on our door, start- suant to the Arms Export Control Act will have in place about how U.S.-ori- ing a very sophisticated arms race in a of 1976, I move to discharge the Foreign gin weapons will be used given the tinder box of the world? Relations Committee from further con- Emirates’ history of transferring weap- Finally, let me be very clear: I ap- sideration of S.J. Res. 77, a joint reso- ons to a terrorist organization and vio- plaud the Abraham accords as a histor- lution providing for congressional dis- lating the U.N. arms embargo in ical turning point for Israel and the approval of the proposed foreign mili- Libya? the longer term implications of Arab world. These new, formal rela- tary sale to the United Arab Emirates an arms race in the region? and then, tionships have the possibility of trans- of certain defense articles and services. yes, the impact that it could have on forming the region much more broadly The PRESIDING OFFICER. The mo- both our and Israel’s qualitative mili- and bringing peace, stability, and pros- tion is pending. tary edge? perity to people who desperately want

VerDate Sep 11 2014 02:42 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.014 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7297 and deserve it. Yet, as the administra- role in the sale of arms to foreign na- This is the first time that we would tion and the Emirates have continued tions, administration after administra- sell these incredibly lethal, incredibly to stress, these sales are neither a re- tion, Republican and Democrat, has ob- complicated technologies into the ward nor are they part of these ac- served a period of consultation with heart of the Middle East—a region cords. Congress in which the administration that, arguably, is not in need of more So why can’t we take a little more comes to the Senate Foreign Relations weapons. time to really assess the best way for- Committee, comes to the House For- What we risk doing here is fueling an ward? We are in the midst of promoting eign Relations Committee, presents the arms race. Today we may be selling the a sale—this is the administration—that reasons for the sale, and then addresses F–35s and the MQ–9s to the UAE, but has some of the most significant trans- concerns raised, often in a bipartisan the Saudis are going to want it, the fers of advanced U.S. technology with- manner, by Republicans and Demo- Qataris have already requested it, and out clarity of a number of key details crats. it just fuels Iran’s interest in con- regarding the sale or sufficient answers Again, this has happened in both tinuing to build up its own military to critical national security questions. Democratic and Republican adminis- program. This is far more than about congres- trations, with Democratic and Repub- But, more specifically to this sale, we sional prerogative, although I would lican Congresses, and often that con- have to ask ourselves whether the UAE argue that it is a critical element of sultative process results in issues that is ready for this technology or whether our policies on arms sales; this is about Congress has being resolved so that their behavior over the past several national security concerns to which we you never have to have a vote on the years makes them an unworthy part- should have an answer before those Senate floor. ner for this set of highly complicated arms sales move forward. Something different happened with U.S. defense technology. Again, colleagues, the bottom line is this sale. The administration was so I will stipulate, as I think every this: There are far too many out- desperate to rush through the sale be- Member of this body will, that the UAE standing questions and very serious fore the end of their administration is often a very important ally of the questions about long-term U.S. na- that they blew through the consulta- United States. There is an important tional security interests. Perhaps, tion process. It just didn’t happen. cooperative relationship that exists be- tween the United States and the UAE. after considerable engagement with There was no ability for the Senate We share counterterrorism information the executive, we would assess that all Foreign Relations Committee to weigh together. We were both involved in the of these sales do, in fact, advance our in on this particular sale. It was rushed fight against ISIS. We work together national security. Given the length of to notice, and our only option was to to counter Iranian influence in the re- time it will take for the delivery of bring it before the full Senate. gion. And, of course, the UAE’s rec- these systems, it would seem quite rea- Now, under any circumstances, I ognition of Israel is good for the United sonable to expect to have 40 days to would argue that the Senate should stand up for our right to have a role. States as well. evaluate these questions. But for as many places as we cooper- The reason that we built in this con- So I urge my colleagues to stand up ate with UAE, there are many points of sultative process was because the Sen- for Congress’s role in the process of de- division, and those points of division ate was actually unhappy with the termining arms sales as well as for often involve the use of U.S. military amount of input it had decades ago and having clear answers to the critical technology against the interests of the was threatening to dramatically ex- questions that are posed to long-term United States. U.S. national security interests. pand its oversight role on arms sales. The UAE has been, for years, in- I yield the floor. Instead, a deal was worked out in volved in a civil war in Yemen that is I suggest the absence of a quorum. which the administration said they terrible for U.S. national security in- The PRESIDING OFFICER. The would come for this consultation. terests. They may not be as involved as clerk will call the roll. Now it appears that those consulta- they were a couple of years ago, but The legislative clerk proceeded to tions are no longer the practice. That they are still a barrier to peace. They call the roll. reduces our role as a foreign-policy- still refuse to make humanitarian con- Mr. MURPHY. Mr. President, I ask making body. And remember, we have tributions to help the situation on the unanimous consent that the order for abdicated all sorts of responsibilities ground. So far in 2020, there are zero the quorum call be rescinded. over the years when it comes to what dollars from the UAE put into the U.N. The PRESIDING OFFICER (Mr. should be a coequal responsibility to appeal to try to fight off starvation YOUNT). Without objection, it is so or- set the broad direction of U.S. foreign and cholera inside Yemen. dered. policy with the executive branch. This At one point, they took U.S. equip- Mr. MURPHY. Mr. President, I am on would be yet another chip away at ment and they handed it to extremist the floor today to speak to resolutions Congress’s participation in the setting militias inside Yemen. That is open- upon which we will begin voting today of U.S. national security policy. I am source reporting. The UAE copped to it regarding arms sales proposed by the not sure we will ever get it back. when the reporters asked them wheth- administration to the United Arab But on this sale, in particular, the er they had done it. They gave our Emirates. consultative process was really impor- equipment to Salafist militias inside a I am on the floor today to ask my tant because this sale is as big and as theater of war. There are other reports colleagues to support these resolutions hairy and as complicated as you get. that they were dropping American- of disapproval upon two grounds: one, We are, for the first time, selling F–35s made TOW missiles out of the sky into the protection of congressional prerog- and MQ–9 Reaper drones into the heart areas of that country that were con- ative and, two, a question of U.S. na- of the Middle East. We have never done trolled by al-Qaida-aligned elements. tional security. it before. There are only 14 countries And they are, right now, as we speak, First, let me cover the question of that currently operate the F–35, and al- in violation of the Libya arms embar- congressional prerogative. We have most all of them are NATO allies. Tur- go. traditionally debated arms sales here key was on the list for a period of time, The U.N. Panel of Experts came to on occasion, and the reason why we but because they ended up making a the conclusion that the majority of don’t have constant debates in this choice to go with the Russian missile arms transfers into Libya to the Haftar body on arms sales, the reason why we defense system, they were taken out of armed forces were either from Jordan don’t have resolutions on every sale the program. So the partners that re- or the United Arab Emirates. The that is noticed by the administration, main are the ones that you would sus- panel found that the UAE was in re- is because we have built into our prac- pect—Britain, Italy, the Netherlands, peated noncompliance with the arms tice an ability for the Senate to con- Australia, Denmark, Canada. embargo. sult with the administration before- There are even fewer countries that And guess what is on the list of the hand on a bipartisan basis. we have sold Reaper drones to—Aus- weapons that the UAE was transferring Over the years, since the passage of tralia, France, Italy, the Netherlands, into Libya in violation of a U.S.-sup- the law allowing for Congress to have a Spain, UK, and India. ported arms embargo—armed drones.

VerDate Sep 11 2014 02:42 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.016 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7298 CONGRESSIONAL RECORD — SENATE December 9, 2020 We are talking about selling the UAE consult with Congress on it. They prob- American family, our communities. the most lethal, most advanced armed ably will because they want to do the The human toll of this crisis is crush- drone technology in the world today, right thing, but anybody who votes ing, and we are up against the clock as and as we speak, the UAE is in viola- against these resolutions is essentially our hospitals run out of beds. tion of the arms embargo to Libya, endorsing an end-around of Congress by This crisis has been all-encom- fueling that civil war, specifically any administration, Republican or passing. In addition to the severe sending drones into that theater. Democratic. strains on our healthcare system, so So I am not here to say that we It is also important to say that on many others are being battered by this shouldn’t be in the security business policy grounds, it is not time to do pandemic. with the UAE. There are a lot of impor- these sales. There are too many out- Small businesses are closing, and tant common projects. But the ques- standing questions about who the UAE even more are on the verge of col- tion is, with a country that is part of transfers weapons to, what they are lapsing if we don’t get them some help. the problem more often than part of doing in Libya, why they haven’t been Our transportation networks, from the solution in Yemen, a country that part of the solution in Yemen, and buses to airplanes, have been forced to is in existing violation of an arms em- what their relationship is with some of lay off staff, cut routes, and in some bargo in Libya, a country that has just our most important adversaries around cases just discontinue service alto- within the last several years trans- the globe. Until we satisfy the answers gether. ferred our weapons to al-Qaida-aligned to those questions, we should not move American families are going hungry. militias, without resolving those forward with this sale. We have all seen the long lines on the news at night showing the number of issues, is this the moment to be selling, Finally, there is no threat to the ac- people waiting to get food from food for the first time ever, F–35s, armed cords between UAE and Israel unwinding if we simply press pause on banks. drones into the heart of the Middle Too many people are facing home- this sale until those questions are an- East? lessness. In New Hampshire, in the city One last caution. The countries that swered. of Manchester alone, we have 35 home- I mentioned on this list are by and I do want to be in business with the less encampments—35. Two years ago, large in business with the United UAE. I think they are an important de- we did not have that number of home- States and not with China and Russia. fense partner. But I think there is far less. too much at stake with the sale of The UAE has pretty deep and com- Parents are struggling to help their plicated defense relationships with these weapons right now to rush it children continue their education at China, Russia, and Chinese and Russian through, and I don’t think there is any home, sometimes with no access to companies. Query whether we can be downside risk if we were to say ‘‘not broadband or really bad access. We absolutely certain that the technology now’’ until we get all of our t’s crossed know women are leaving the workforce on board those fighter jets, those and all of our i’s dotted. because of the strains of trying to pro- Let’s stand up for Congress’s preroga- drones, is going to stay in the right vide support to their children and deal tive on the sale of arms to foreign hands. with the other challenges of COVID. There arguably is no other country countries. Let’s slow down this process State and local governments have on the list for the F–35s that does as that has been rushed, potentially to been stretched to the maximum. In much business with China and Russia the great detriment of U.S. national se- New Hampshire, we are facing severe as the UAE does. In fact, as I men- curity. Let’s support these resolutions budgetary shortfalls, and many of our tioned, we pulled the F–35 program of disapproval this afternoon. communities may have to make some from Turkey because they are involved The PRESIDING OFFICER. The Sen- difficult decisions to cut first respond- with Russia on a very complicated and ator from New Hampshire. ers or teachers or other municipal important ground defense system, and CORONAVIRUS workers if they don’t get help. we are just learning about the nature Mrs. SHAHEEN. Mr. President, I We hear every day the number of peo- of the partnerships that the UAE has come to the floor today to really high- ple who need our help, and they can’t with the Chinese and the Russians. light the important work that has been wait any longer. This is the holiday It stands to reason that this would be underway by Members on both sides of season, the end of the year. We are one of the issues that a consultative the aisle in the Senate and Members on headed into the worst months of win- process with Congress would resolve. It both sides of the aisle in the House to ter. In New Hampshire, we have res- also stands to reason that we could try to come up with an agreement to taurants that can no longer be open be- probably come to a conclusion during deliver urgently needed relief to ad- cause they don’t have outdoor seating. that consultative process. dress the challenges from the We have small businesses that are wor- If the UAE really wants those weap- coronavirus that people are facing ried about getting through the next ons, wants to be the first country in across this country. I also hope that we few months. the heart of the Middle East to get the can work together to get this across For the past 3 weeks, we have had a F–35 or the Reaper drones, then I as- the finish line and that Senate leader- group of bipartisan lawmakers in both sume they would want to be able to as- ship will be willing to join in that ef- the House and Senate—so bipartisan sure Congress and the administration fort. and bicameral—who have been engaged that there is no chance of technology I think most of us are painfully in good-faith negotiations to get a re- transfer into the wrong hands. That is aware of the devastating impact this lief package out the door as swiftly as what the congressional consultative pandemic has had in communities possible. We were able to reach an process would have gotten us, but it across our Nation, but the numbers do agreement on a broad bipartisan frame- didn’t happen in this case, and so we bear repeating. More than 15 million work last week, and we have continued are stuck with this vote—a means for Americans have been infected with the negotiations around-the-clock since Congress to stand up for its right to virus, more than 285,000 Americans that was announced. participate in this question of arms have now died from COVID, and we re- In New Hampshire and throughout sales. cently hit a new record high of 102,000 this country, our small businesses have Believe me, my Republican col- people hospitalized with COVID. Just been some of the hardest hit by this leagues are going to want that right to provide some context, our largest pandemic. In New Hampshire, we are a when a Democratic administration city in New Hampshire is Manchester. small business State. They are the life- comes into office. You are not going to It has 112,000 residents. So we have blood of our economy. They account want to send a signal today to the enough people in the hospital across for 99 percent of all of our businesses Biden administration that they don’t this country to fill the city of Man- and more than 50 percent of our work- have to consult with you as the major- chester. force. In the country as a whole, two- ity party, potentially, in 2021. But if The situation is dire. People need thirds of our jobs are created by small you vote against these resolutions, help. Every one of those numbers that businesses. then you are essentially saying the I have referenced is much more than a In the bipartisan framework that we Biden administration doesn’t need to number; it reflects an American life, an are negotiating, we have another round

VerDate Sep 11 2014 02:42 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.017 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7299 of the Paycheck Protection Program, of New Hampshire—and that threatens one. The manufacturing and distribu- which has been instrumental for so their ability to provide essential serv- tion of a safe and effective COVID–19 many of our small businesses since ices. We can’t afford to lose those peo- vaccine are critical to putting an end back in March when we passed it and ple who provide those services, who, if to this pandemic, to reopening our created the program in the CARES they are laid off, may be forced to go economy, and to restoring normalcy in Act. someplace else and won’t be available our society. Our COVID framework Overall, our bipartisan relief proposal when we have the money to rehire boosts funding for each of these three would provide significant financial as- them. We can’t afford to lose the teach- priorities. sistance for our small businesses, for ers, and already we are seeing too When the Senate came together dur- our restaurants, for our live venues, many teachers who are retiring or ing the early days of this crisis, we which in many cases have been shut leaving the profession because they are worked in good faith to deliver the down completely, and for our childcare worried about safety and exposure, or CARES Act that provided relief to centers. they don’t have the resources to be Americans throughout the country. We In New Hampshire, if we don’t get able to do the online teaching that is did it before, and I believe we can do it some help for our childcare centers, at required now. If we don’t get this fund- again. the end of this pandemic, we will have ing out the door, we are going to see This bipartisan framework is the lost fully 50 percent of our childcare more of those losses. only bipartisan measure in Congress. It centers. That means the families who In New Hampshire and in our cities is the only bicameral measure in Con- depend on that childcare so that they and towns, they are being stretched to gress. It is the only proposal that has can go to work are not going to have the limits. We are at the precipice of an opportunity to clear both Houses. any safe place for their kids. this crisis. Cases are continuing to go We aren’t done, obviously. Negotia- I hear frequently from New Hamp- up. Hospitalizations are going up. The tions are ongoing. There are a lot more shire businesses that have used the death toll is going up. People need people who have to see this work and, PPP program effectively to keep work- help, and they need it now. hopefully, will decide to support it, and ers on payroll and make rent that they In New Hampshire, our nursing we still have more concerns to sort still need more assistance if they are homes have been especially devastated out. But this is a compromise. It going to get through this winter. by this crisis. We have the highest per- doesn’t have everything I want to see. Our tourism and hospitality indus- centage of COVID deaths in our long- It is not what I would have written if I tries are particularly hard hit, and term care facilities of any State in the had been able to write it by myself, but they are vital to New Hampshire’s country. Eighty-one percent of our it is a compromise that I believe we economy. They are our second biggest death toll has been tied to nursing can get majority support to pass. Of course, it is step one. It is a relief industry. homes. bill to help Americans stay afloat over Restaurants in New Hampshire ac- Our bipartisan relief framework in- these next very difficult months, and count for nearly 70,000 jobs and for $3 cludes necessary Federal support for our work doesn’t end if we can provide billion in sales, according to the Na- the Provider Relief Fund, and it allo- this relief. We are still going to need a tional Restaurant Association. We cates urgently needed help for our stimulus bill to get our economy mov- have to provide some help for them. nursing homes that are on the ing again. But, right now, the most ur- The future of our small businesses in frontlines. gent need is to address those concerns New Hampshire and throughout the We also provide help to address sub- that individuals and families have. country hang in the balance. If we fail stance use disorders and mental health. If Congress fails to act and get this to act, we fail them. What we have seen across the country over the finish line, the consequences For many American families, the is that COVID–19 has exacerbated what will be dire. Our hospitals are already past 9 months have been the most dif- already existed in the opioid epidemic. overwhelmed. Too many small busi- ficult economic challenges of their We were beginning to make some nesses are closing. Families are going lives, and the bleak jobs report last progress in New Hampshire and in hungry and facing homelessness. Inac- week reaffirms what we have been see- many States across the country until tion is really not an option. We need to ing in our communities. Nearly 10 mil- the coronavirus hit, and now we are get this done. lion jobs have been lost since the start seeing that progress being lost. There is no reason we can’t come to of the pandemic. That means people Our plan bolsters support for Federal an agreement. We have done it before. are out of work, struggling to put food investments in a number of programs I urge Senators on both sides of the on the table for themselves and their that respond to the substance use dis- aisle to join in this effort. I urge Lead- families, struggling to keep a roof over order crisis in our communities, and it er MCCONNELL and Leader SCHUMER to their heads. The eviction moratorium also addresses suicide prevention. move forward with us to help us get is about to expire. That is the story for This pandemic has created signifi- this proposal over the line so that to- 10 million families. cant burdens for those who are strug- gether we can deliver much needed re- In the bipartisan framework that we gling with substance use disorders. lief to Americans and do it before the have been negotiating, we have ur- And, of course, we have heard the num- holiday season so that people will have gently needed funding for additional ber of mental health issues has been something to look forward to. unemployment insurance. We provide greatly exacerbated. I yield the floor. rental assistance to help not just those Our bipartisan plan addresses three The PRESIDING OFFICER (Mr. people who might lose their housing of the most important pieces of the TILLIS). The Senator from Louisiana. but also the landlords, who have been strategy to get on the other side of this TRIBUTE TO DIANE DEATON hit very hard because people haven’t pandemic: testing, tracing, and vaccine Mr. KENNEDY. Mr. President, I been able to pay their rent. It also in- distribution. As overwhelming as this would like to speak for a few moments creases funding for food assistance pro- crisis has become, we can’t just throw today about a Baton Rouge and Lou- grams to combat the surging food inse- our hands in the air. We have to con- isiana rock star. I am talking about curity in our communities. tinue to prioritize robust testing and Baton Rouge’s own Diane Deaton. We can’t afford further delay in de- contact tracing so we can track and This week, Diane announced that she livering these resources. The unem- contain community spread. Of course, is going to retire from her post as a ployment benefits are due to expire at we need to follow the CDC guidelines— weather forecaster at WAFB-TV, which the end of the month, and time is of wearing masks, maintaining social we refer to as Channel 9, where she has the essence. distancing, staying home as much as served on ‘‘9News This Morning’’ and One of the important areas of con- possible, hand washing—so that we can on ‘‘Early Edition’’ for many years. cern that this bipartisan proposal ad- help flatten the curve and help our hos- Diane is known—widely known—af- dresses is the need for Federal funding pitals. And now, as we are, we hope, fectionately as Queen D. She has been to help our State and our local commu- just weeks away from having a vaccine, reporting the weather for the people of nities. They are facing massive revenue we need to ensure that every measure Louisiana, particularly Southeast Lou- shortfalls—at least in my home State is taken so we are ready to go on day isiana, for 37 years—37 years—and all

VerDate Sep 11 2014 02:42 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.020 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7300 CONGRESSIONAL RECORD — SENATE December 9, 2020 at the same station. Over a WAFB ca- NATIONAL DEFENSE AUTHORIZATION ACT This failure to consult committee reer spanning, what, nearly four dec- Mr. COTTON. Mr. President, for members is not an isolated incident. ades, Diane has become a beloved fix- many years, I have supported the an- The President’s 5G plan released valu- ture in our State and in our State cap- nual National Defense Authorization able but unused spectrum owned by the ital. Act. The bill always contains many government. The Pentagon protested Her compassion has been on regular worthy provisions, and it usually mightily but only with vague evidence. display—and not only in the way that passes with large majorities. After all, We had a hearing on this issue, and it she has walked Louisianians through who wants to vote no when the com- sharply divided committee members. hurricanes and tornadoes. Weather is mon refrain to pass the bill is ‘‘Support Yet, again, this bill disrupts the Presi- important to us in Louisiana. Diane the troops’’? But at some point you dent’s plan, and, again, we learned has invested in first and second graders have to draw the line, and this year is about it only after the fact. at Buchanan Elementary in East Baton where I draw it. Another thing that happens behind Rouge Parish through an extraordinary Just look at these bills over the last closed doors is broken promises. We program called the Reading Friends few years. Five years ago, the NDAA were promised last summer that the program. She has built new homes for was 968 pages—not unusual around here radical Warren amendment wouldn’t families through Habitat for Human- and something you can get your hands survive the conference committee. Not ity, where she currently serves as a around. But last year, the NDAA report only did it survive; not a single word was 1,794 pages, and this year the re- board member. Diane has been a part of was changed. port is an astonishing 4,517 pages—not You may have heard about the War- LSU Tiger HATS pet therapy program. even counting the classified annexes. I ren amendment. You probably heard That is a program where she and her doubt anyone really knows what is in that it would merely rename some colleagues visit young patients and it except maybe some lobbyists. Army bases that are named after Con- their families at one of our leading hos- And get this: As the bill grew more federate officers. There is no harm in pitals, Our Lady of the Lake Children’s than sixfold in length, we had even less having that debate. I have always Hospital. time to read it. The number of people found it curious that we don’t have a Diane’s awards are many. I won’t list who could read the bill at any one time base named after say U.S. Grant or them all, but they include the Lou- was restricted. Social distancing— John Pershing. isiana Association of Broadcasters’ ‘‘Can’t have too many people in the Yet the Warren amendment is far Lifetime Achievement Award, the room,’’ we were told. That is fine. I un- more radical than merely renaming a Holly Reynolds Humanitarian of the derstand. We are still in a pandemic. few bases. The amendment explicitly Year Award—that was from the Capital But then we should have had more applies to all military property. That Area Animal Welfare Society—and the time to review the bill, not less. Yet is a lot more than bases. It includes Ulli Goodman Volunteer of the Year Armed Services Committee members military museums, service academies, Award from the Baton Rouge Ballet were asked on this floor last week to and cemeteries. Do you think I am ex- Theater. I don’t know how she finds the sign the bill after having only a couple aggerating? I am not. Read the bill: no time, but Diane is also certified as a of hours to review it. exceptions for museums, for academies, Delta Society Pet Partner for her work As this massive bill was written in even for cemeteries. using therapy animals. secret and then rushed to a vote, some Let me give you just one example. Yet I noticed that Diane’s announce- seem to have forgotten to consult with The West Point library contains por- ment was characteristically humble as the Commander in Chief or recall that traits of Grant and Lee in close prox- she steps away after 37 years. Here is he has veto power. It is pretty well imity, two commanders of the Civil what she said: ‘‘I have never taken for known that the President wants the War, juxtaposed as today’s cadets learn granted the honor and privilege you bill to reform or repeal section 230, the the history of our Nation, our Army, have given me over these many years giveaway to Big Tech oligarchs who and their own school. But that painting by choosing me and my colleagues here get to censor the American people may have to come down. So I suppose at WAFB-TV to keep you and your without consequence. tomorrow’s cadets may learn that family safe and informed.’’ The bill stiff-arms the President. Grant defeated an unnamed enemy I think that the gratitude among There is not a word in more than 4,500 with an unnamed commander and ac- Louisiana and Baton Rouge residents is pages about section 230. The sponsors cepted surrender from no one at Appo- certainly mutual. claim they couldn’t airdrop provisions mattox. I am glad to hear that Diane will not into the bill at the last minute. I take But if you really want to see the rad- be leaving our great State. I want to the point. I am not sure the President ical consequence of the Warren amend- emphasize that. She is going to retire will, though, and he is the one with the ment, just look across the river to Ar- in Louisiana, and I hope she enjoys veto. lington National Cemetery, our Na- every moment—every single moment— But there is more. The bill condemns tion’s most sacred ground. Those gar- the President for proposing to move she gets to sleep in after December 18. dens of stone stretch in symmetrical some troops out of Germany and re- No one can argue—no fair-minded per- rows across the horizon, except for a stricts his ability to do so, even though son can argue—that she hasn’t earned a single odd section laid out in circles, NATO’s frontier has shifted hundreds rest, even though her familiar weather rather than rows, and with pointed of miles to the east and Germany forecast will be sorely missed in a headstones, rather than rounded ones. hasn’t exactly carried its share of the State that takes more than our fair The 482 graves in Section 16 contain NATO load. The Senate didn’t debate the remains of Americans who rebelled share of beatings from Mother Nature. this major policy change. Our earlier against our country. That section also I thank you for the chance to honor bill didn’t even mention it. As far as I contains a memorial to those who died Diane Deaton. I thank you for the am concerned, this provision was, to in that rebellion. chance to honor Diane Deaton for all of borrow a phrase, airdropped without We should be grateful that those her hard work on behalf of everyone appropriate consultation with com- rebels and their cause lost on the bat- who relies on WAFB-TV for news and mittee members. And for the record, I tlefield. Yet we should also be mindful for everyone in Louisiana and Baton am a senior member of the committee, of the historical context of this patch Rouge whom her volunteer work has but I only learned about this provision of our most sacred ground. Section 16 touched—and that numbers in the hun- in the newspaper on Friday, 2 days of Arlington was created as a symbol dreds of thousands. after I was asked to sign the bill. not of secession but of reconciliation Diane, may the years ahead bring as It would appear the standard for by the very men who had fought for the much joy to you as you have brought airdropping provisions into the bill is Union. to our State and our community. God that we won’t airdrop things that sup- President William McKinley—a deco- bless you. port the President’s priorities, but we rated veteran of the Union Army, pro- I yield the floor. will airdrop stuff that thwarts his pri- moted three times for battlefield The PRESIDING OFFICER. The Sen- orities. I doubt that will get past the valor—oversaw its creation. In a dis- ator from Arkansas. President’s veto either. play of magnanimity, he declared—in

VerDate Sep 11 2014 02:42 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.022 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7301 front of the Georgia legislature, of all And I suspect a lot of other Senators a scriptwriter could have imagined places—that the Federal Government wouldn’t support this bill either if they that 24 years later, that law school tru- would assume responsibility for Con- knew what it does. And that takes me ant would become the U.S. attorney in federate graves. He then signed a bill back to a larger problem. We were Alabama and that his office would un- authorizing the reinterment of Confed- promised this radical language cover the evidence to bring charges erate soldiers at Arlington. wouldn’t be part of the final bill, but against two more Klan members in- Senator WARREN apparently believes that promise was discarded behind volved in the bombing, and that 40 that she knows better how to handle closed doors. Now, we have a 4,500-page years after that awful crime, DOUG the legacy of our Civil War than did bill at the last minute in the rush to JONES would win the conviction of the the Union veterans who bled and de- fund the government and pass another remaining conspirators, delivering a feated the Confederacy on the field of coronavirus relief bill before the holi- long-delayed yet righteous justice. battle, or even Barack Obama, who days, all with the Presidential veto History would repeat itself a few continued a longstanding Presidential hanging over it. years later, when DOUG would again tradition in 2009 of sending a wreath to An overlong bill negotiated behind find himself at the center of events. the Confederate section of Arlington on closed doors, dropped at the last DOUG was eating breakfast one day just Memorial Day. minute, major policy shifts without blocks away from the scene of the If the professor gets her way, a crane consensus or even much debate, broken bombing of the All Women Health Clin- may drive into Arlington and rip out promises, wishful thinking about a ic. He took charge that day and made the memorial whose history dates back veto threat—these are the hallmarks of sure that investigators and first re- to President McKinley and which was an NDAA process that has deteriorated sponders worked together in perfect honored just a few years ago by Presi- rapidly in recent years. That has to unison. DOUG would later go on to se- dent Obama. Again, I am not exag- change. If it doesn’t change this cure the indictment of Eric Rudolph, gerating. In the committee markup, month, mark my words, it will change the perpetrator of that heinous bomb- Senator WARREN said that is exactly next year. ing, as well as the Olympic Park bomb- what she wants to happen. And if that I yield the floor. ing 2 years later. happens, maybe the professor will be I suggest the absence of a quorum. Of course, not every one of DOUG’s applauded in faculty lounges, but my The PRESIDING OFFICER. The cases involved matters of life and perspective is a little different. clerk will call the roll. death. The U.S. attorney’s office once I served at Arlington with the Old The senior assistant legislative clerk prosecuted local officials for trying to Guard. My soldiers and I laid to rest proceeded to call the roll. steal an election by bribing absentee our Nation’s heroes. A lot of those fu- Mr. SCHUMER. Mr. President, I ask voters with cash, beer, and a little liq- nerals started in Section 16. Before unanimous consent that the order for uor for good measure. Now, if only the those funerals started, we talked some- the quorum call be rescinded. defendants had known about DOUG’s af- times about that odd section and the The PRESIDING OFFICER. Without finity for bourbon. war that occasioned it. After all, the objection, it is so ordered. Kidding aside, kidding aside, those Army has a lot of amateur Civil War TRIBUTE TO DOUG JONES years revealed for DOUG something pro- historians. We were proud to wear the Mr. SCHUMER. Mr. President, sadly, found about public service and govern- uniform of and be the heirs to Grant I return to the floor today to say fare- ment: You can have the best laws in and Sherman and Sheridan—the great well to another Member who will con- the world in principle, but it takes warriors who saved the Union and vin- clude his time in the Senate at the end dedicated effort to make the law work dicated freedom and equality for all. of the term, the junior Senator from for everyone in practice, to take our We also had a little humility. We Alabama, DOUG JONES. ideals of justice and equality and fair- didn’t presume that we knew better We all know DOUG came to the Sen- ness and opportunity and make them than Grant and McKinley how to heal ate as a storied courtroom lawyer and real in the everyday lives of citizens. our Nation’s wounds after the Civil U.S. attorney, but fewer people know DOUG brought that revelation with War, or that we knew better than Abra- about his more humble origins. DOUG him to this Chamber. He worked with ham Lincoln, who called for ‘‘malice was born and raised in Fairfield, AL, his trademark determination to finally toward none, with charity for all.’’ just outside of Birmingham, the son of repeal the widow’s tax. He helped pass Maybe Senator WARREN and the Jac- a steelworker, the grandson of a coal legislation to permanently fund his- obins in our streets repudiate the wis- miner. When he was 19 years old, he torically Black colleges and univer- dom of Lincoln and Grant and McKin- spent his summer working at the local sities. He has worked across the aisle ley. Perhaps they think Lincoln should cotton tie mill, 10 hours a day, 6 days to combat veteran suicide, strengthen be canceled. A mob tried to tear down a week. the VA, and support our military his statue just a few blocks from here One day, a freak accident sent a bit bases—so important to the great State last summer. Too many of these Jaco- of shrapnel flying his way, and he came of Alabama. bins condemn our Nation as racist to within inches of losing an eye. Several Not every issue would be so easy or its core. They look at the Confederacy stitches later, DOUG went right back to so bipartisan, especially for a new Sen- and see not a rebellion against America work—early evidence of a stubborn ator facing a difficult reelection, but but the true heart of America. So, nat- streak. Only at the end of the summer every time DOUG approached a politi- urally, their iconoclasm doesn’t stop did DOUG decide it was time to focus a cally sensitive vote—and I marveled at with tearing down statues of Lee but bit more on his studies. this—he was untroubled. He would do moves right away to statues of Wash- That same work ethic—the some- what he always did: He would act on ington, Lincoln, and Grant. They tried times stubborn work ethic—followed principle. He would vote his con- to tear down those last summer, too, if him his entire life. He brought it next science—politics be damned. President you recall. to law school. On the one occasion Kennedy had a phrase for Senators I will never stand by while Jacobins DOUG decided to skip class, it wasn’t to whose abiding loyalty to their con- tear down statues of Washington, Lin- throw a pigskin around the quad or en- science triumphed over all personal coln, and Grant, nor will I support a gage in some extracurricular activity and political considerations. He called bill that permits a crane to drive into with friends. No, DOUG skipped class to them profiles in courage. DOUG JONES Arlington and desecrate that sacred attend the trial of the Klansman ring- is a profile in courage for our times. ground. We celebrate the triumph of leader of the 1963 bombing of the 16th But before I get carried away with the Union and the cause of freedom and Street Baptist Church, a tragedy that too many grand compliments, it is im- equality and the defeat of the Confed- had shaken the conscience of a nation. portant to remind colleagues that eracy, but why does it follow that we A young DOUG JONES was moved by DOUG JONES, as a human being, is just have to rip paintings off the walls of li- the disposition of justice in that trial, a joy to be around. Just ask his good braries and museums and tear down but he was left with the impression friend, the Senator from Montana. war memorials in Arlington National that other members of the conspiracy More than once DOUG would catch Sen- Cemetery? had escaped the reach of the law. Only ator TESTER giving an impassioned

VerDate Sep 11 2014 07:23 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7302 CONGRESSIONAL RECORD — SENATE December 9, 2020 speech on the floor and think to him- DOUG, you upheld the honor of that although, I have got to be honest, I had self: I will bet you he didn’t turn his seat, and you have set an example for a pretty doggone good idea when I got phone off. Let me give him a ring and every Senator who will follow in it. here. see what happens. Whatever the next chapter of your If there was one thing my momma al- (Laughter.) life may bring, the entire Senate ways taught me, it was to be realistic Just look at DOUG’S office, festooned Democratic family wishes you and about things. I knew it was going to be with memorabilia of every particular: your family the very, very best and po- tough, but to even have an opportunity Crimson Tide footballs and keepsakes litely requests that you do not call us to talk and work on things that bring from his favorite bands. You can go see when we are in the middle of giving a such transformational changes—those his rocking chair—one of those south- speech. kind of things come along once in a ern-veranda, sweet-tea-drinking (Laughter.) generation, if we are lucky. They are chairs—and baseballs signed by Presi- I yield to my friend, the very distin- that legislative equivalent of a perfect dents, statesmen, and most impres- guished and wonderful, wonderful, won- game in baseball. You are lucky if you sively to this Yankee fan, Joe derful junior Senator from the great get to be part of that in your career, DiMaggio. State of Alabama. but you always have to hope and you If DOUG JONES has one hobby besides The PRESIDING OFFICER. The Sen- have to strive for the possible, not just hunting, it is autograph hunting. He ator from Alabama. the likely. has managed to collect a signature on FAREWELL TO THE SENATE For those of you who really don’t a baseball from every Senator in this Mr. JONES. Mr. President, I thank know about baseball—there may be a Chamber today, including its newest the minority leader for those remarks. few—a perfect game is just that: nine Member. The junior Senator from Ari- I am humbled. innings, three outs, three up, three zona was sworn in only a week ago, but You know, everyone knows the old down. Everything has to work together 5 seconds after he lifted his hand from saying ‘‘My, how time flies when you in synchrony. It is not just the pitcher that Bible, there was DOUG to con- are having fun.’’ My time here has who throws balls and strikes; it is the gratulate him, furnishing a clean base- drawn to a close, but despite the dif- outfielder who catches the fly; it is the ball, ready for Mr. KELLY’s John Han- ficulties, the challenges, despite the second baseman who has to get the out cock. rancor that we often see in this body, and throw the runner out at first. Ev- That is DOUG JONES—someone who as well as Washington, DC, I can hon- eryone has to fall in line and work to- never let the immense pressure of this estly say I have had a lot of fun. The gether as a team—as a team. And it is job change who he is, someone who has last 3 years have been amazing, and I not just that; it is the people on the made life a joy for everyone in our cau- have loved being a Member of this field. They are all working and they cus, and someone who understands body. that, at the end of the day, we get sent are all striving for the same goal. As it I actually was able to accomplish a to this Chamber to make life better for turned out, I didn’t get a chance to be few things, thanks to you. But you our constituents, to do it courageously part of a perfect game. I didn’t think I have been fun; you have not just been even when the odds are not in our would, but I didn’t get that chance. kind. It has really been good. Sometimes I worry, as many of you favor. By the way, your staffs have been I will end with one final story. Sev- do—especially if you listened to the awesome. I know you hear that a lot eral years ago, DOUG was asked to par- farewell speeches of LAMAR ALEXANDER ticipate in a stage adaptation of his fa- from constituents. Maybe you don’t and TOM UDALL and MIKE ENZI and oth- vorite work of fiction, ‘‘To Kill a hear it enough from other Senators. ers—you worry if those perfect games Mockingbird,’’ which, of course, in- Your staffs have been amazing to us, can ever be had in this Senate again. I cludes his literary icon, another great and I really very much appreciate it. worry about that. But we always come Alabama lawyer, Atticus Finch. You know, as the minority leader close, and I came close. Hearing DOUG’s life story, you would said, everybody knows I am a baseball Right after I got here, I got invited be forgiven for thinking it was ripped fan. If you go into that office, you will to be part of the Common Sense Cau- from the pages of that Harper Lee clas- see in my reception area all 100 base- cus, which I had to explain to people in sic, so perhaps it was fate that one day balls that I had signed. And it was fun Alabama that that is really not an DOUG would be asked to play a part in getting them—either here on the floor oxymoron, that there is common sense that story. There was just one hiccup: or in a committee room, at the retreat up here. DOUG was asked to play the judge. So that the Democrats had. There were so But within 6 weeks of being up here, he never got to deliver that passage, many who had never signed a baseball, I was at SUSAN COLLINS’ office with so shortly after the death of Mrs. Dubose, and you figured out that it wasn’t easy many here—some 20 Senators, Repub- when Atticus explains to his son that to sign a baseball. lican, Democratic—talking about im- real courage is not a man with a gun in (Laughter.) migration, working on immigration re- his hand; ‘‘[real courage is] when you And even those who signed in their form. It was the hottest topic of the know you’re licked before you begin, office, when we sent them to their of- day, an important topic that is still but you begin anyway and see it fice, they always came up and talked important today. I just marveled at the through no matter what. You rarely about it. It was a time to put politics fact that here I was, 6 weeks into this, win, but sometimes’’—sometimes— aside and just talk a little bit—some- and I was in that room being a part of ‘‘you do.’’ thing we really don’t do enough of those discussions. DOUG spent his time in the Senate— around here, leaving the weighty poli- What was even more astonishing to indeed, his whole life—embodying the tics and responsibilities that we have me is that people actually wanted to courage that Atticus describes. The just to sign a baseball and talk about hear what I had to say. That didn’t story of the 16th Street bombings is a how much fun it was. happen, having raised three children, reminder of the fact that even against I remember, right after I was elected, been married. I don’t always get that, tremendous evil and seemingly impos- I was talking to a friend of mine, when people want to know what you sible odds, if you are dogged and deter- dreaming big about the things that we have got to say. But they did, and I was mined and see it through no matter could accomplish that would make a so gratified, and I was so honored. what, sometimes you do win and jus- difference in the lives of the people of We would meet in Senator COLLINS’ tice prevails. Alabama and the people of America. office. We would meet in hideaways. It So while DOUG didn’t get to play We talked about the possibility that we was exciting. And we came so close. Atticus Finch that weekend at the Vir- could work on a bill as important as You all remember that? We came so ginia Samford Theater in Birmingham, the Civil Rights Act of 1964 or the Vot- close, within about three votes of doing that is OK. It was already the role of ing Rights Act of 1965. But I knew—I what they said couldn’t be done, of his lifetime. knew, though—that such opportunities doing something that was possible but DOUG has said that it is the greatest were not likely, especially in what I not probable. honor of his life to fill the seat of his knew to be a 3-year window and not That sense, what I saw of my col- mentor, Senator Howell Heflin. knowing what the future would hold— leagues, is why we ran for the Senate.

VerDate Sep 11 2014 02:42 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.025 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7303 I could see it. I could feel it in those campaign ad—which, by the way, it mentor Howell Heflin, and to take the rooms, in those discussions. I could see was. oath of office for his seat was just real- it on the floor that day as people were (Laughter.) ly a remarkable circle of life. voting. It is why we wanted to be in We saw it coming. But I also knew There are two especially significant this body. action was so important. We took some things about that day too. One is that I remember sitting in the cloakroom, small steps on that issue over the last I hope that you all recognize by now and I was as disappointed as ever when 3 years, despite a lot of political pres- that the freshman class of 2018 will we failed. And for a long time, probably sure to the contrary, and I hope you likely go down in history as one of the still to this day, when I am asked will do more in the years ahead be- greatest freshman classes ever. The ‘‘What is your most disappointing day cause lives will depend on it. team of SMITH and JONES can’t be beat. in the Senate?’’ I will always talk Everything doesn’t have to be a per- It is as American as apple pie. I was about that vote that failed so close, fect game. There is great satisfaction really proud and honored to be there which was so important. But what it in the day-to-day triumphs. You can with TINA SMITH that day. did demonstrate is, through that ef- and we did hit a home run or two and I was also honored, if you recall, that fort—effort—that anything is possible. more than our share of singles and dou- there were three Vice Presidents on the You have got to come close sometimes bles. I am really proud of the 20-plus floor of the Senate that day. Now before you get across the finish line. bills that I led or co-led, bipartisan President-Elect Joe Biden escorted me You have got to play in the red zone a bills, that have been signed into law in. Former Vice President Walter Mon- little bit before you get the touchdown. over the last 3 years. None would have dale escorted Senator SMITH. MIKE You have got to hit that line. been possible without bipartisan work. PENCE, the current Vice President, But whatever we did, it is possible. One of my first original bills, the swore us in. And, actually, if you now The Senate is capable of great things, Civil Rights Cold Case Records Collec- think about it, we had a fourth—soon- if we do them, of bridging divides that tion Act would never have become law to-be Vice President KAMALA HARRIS. society may view as too wide to cross. without the commitment of Senator That is a pretty remarkable time— We can do that. It is not that wide be- CRUZ to help bring long-overdue clo- pretty remarkable. tween here and there. It is not that sure to the victims of those terrible It was also a remarkable day when wide, and people need to know it and crimes. what I hope is going to be a new tradi- respect it. I see TED in the back. I appreciate tion in the Senate took place: When we I am not the first and I certainly will Senator CRUZ’s involvement in that. I had on two different occasions, once not be the last to talk about the impor- will have to say, it was so much fun, each year, six Senators—three Demo- tance of bringing people together who after we got that done, to go back crats and three Republicans—reading hold opposing views and working to- home and tell that to all my Demo- Dr. King’s ‘‘Letter from a Birmingham ward what is both possible and palat- cratic friends. What is your proudest? I Jail.’’ That document remains one of able. But all too often the desire to do said: Well, the proudest moment right the most significant in American his- that kind of gets lost among other ac- now is with my partner, TED CRUZ. tory, and it is as important today as it tions that don’t quite match the words They said: Aha. was when it was written in 1963—and, that we say. But it shows what is possible, folks. in some ways, maybe more important I noticed the other day how many And it was an important bill. None of for the moment we find ourselves in. I heads were nodding in the farewell those bills have meant more to me, have asked—and I know he will do speech of Senator ALEXANDER, Senator though, than the bipartisan effort that this—my colleague Senator BROWN to ENZI, and Senator UDALL. And then I led with Senator COLLINS to elimi- carry on that tradition in my absence. what happens? I have looked at a lot of nate the military widow’s tax that for And then there was the day of the farewell speeches in the last month. almost two decades had deprived wid- swearing-in in January of 2019. I was They all say a lot of the same things, ows of full survivors’ benefits that they here to observe, to pay my respects to and everybody, I am sure, nods. deserved. all those who were returning and for We have got to do better. You have So many of you went to bat for that those who were joining. And as I was to do better. I don’t think I fully appre- bill: Senator REED, Senator INHOFE, standing in the back by the cloakroom, ciated it. And I listened to the minor- and others. You were getting a lot of Senator TESTER walks up and says: ity leader talk about where I come pressure, not from me or SUSAN COL- JONES, what are you doing? from in Fairfield, but I don’t think I LINS. You were getting pressure from a You can’t get anything past TESTER. fully appreciated it until fairly re- lot of those military widows. They had There were probably a few profanities cently. It seems like I just kind of love been up here for 20 years, and for 20 ladened in there as well, if you know a lost cause. It seems like every time years the dollars and cents had pre- Senator TESTER. that there is something that needs me vented that from becoming a reality. I said: Well, JON, what do you think there, I am there—fighting for justice We fought on that because we knew I am doing—with probably a couple of for others, for others who feel like hope what we were doing was right. We other kind of milder profanities. is lost, from the church bombing case knew it was right that you could not He said: Look, DAINES is caught in a to a Senate election in Alabama. I put a price on the duty we owe to the snowstorm back home and can’t make fought for those causes because I be- men and women of our armed services it here, and I would like for you to es- lieve in hope. I believe in redemption. I and their families. cort me down when I take the oath. believe in the possibility. Some may I will never forget that day in De- As it turns out, it is likely to be the call that naive, and many have, but I cember when we passed the NDAA that only time I get to do that—and it was have not been afraid to touch on the included the elimination of the widow’s a true honor, my friend. so-called ‘‘third rail’’ issues of our po- tax. In the Gallery, there was a large Simply sitting at this desk is perhaps litical system because I believe that, group of Gold Star widows who had the greatest thing, taking this place in right now especially, there is no time been up here for 20-plus years to try to and watching each of you, noting the for caution. get that done, never being able to bipartisanship, especially as we close My first speech on the Senate floor reach the goal. And on that day, we did the Congress—especially as we close was about gun violence. No one could it. You did it. SUSAN and I got a lot of this Congress—and how Senators move believe a Senator from Alabama actu- credit, but it was this body, with the freely from one side of the aisle to the ally talked about how we can stop gun help of some folks in the House, that other. Occasionally, I will tell you, I violence in a way that made some made it happen. That was just one of confess, that I just come back here by sense—not from an extreme view on the memorable days on the floor. myself, and I will open this drawer and the right or an extreme view on the Swearing-in day was unbelievable— will read the names of the Senators left but right there in ways that made simply an explosion of emotions. To who sat here: John Kennedy, Ed sense. walk on the floor as a U.S. Senator, Muskie, Hubert Humphrey, my col- It was a topic that I knew could have some 37 years after I left the floor with league Senator SHELBY, and so many easily been twisted into a negative my old boss as a young staffer to my others. And it is just overwhelming.

VerDate Sep 11 2014 02:42 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.027 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7304 CONGRESSIONAL RECORD — SENATE December 9, 2020 You know, growing up, it was always They work hard, but yet they are still mittee—I am going to support you in the Presidents or Presidential can- below that poverty level. We need to do whatever efforts I can, no matter what didates who captured my attention. I what we can to lift them out of that side of the aisle your desk is on. And I knew the names of some Senators, but poverty. It takes a lot of work. It takes will keep working toward the same that began to change for me watching hard work. goals too, even after I leave this place. the Senate Select Committee on Wa- It is possible for law enforcement to Remember, though, as we get into tergate when I was in college. It was a serve and protect all Americans—not the vitriol, as we get into political remarkable time and a remarkable just some—to root out the systemic rhetoric—just remember the Jones law committee. And then everything racism that exists within law enforce- of politics, adapted from Newton’s changed again in 1979 while I was ment by enlisting the support of both third law. Just remember that for studying for the bar and got a phone law enforcement and the communities. every action, even in politics, there is call from Senator Heflin’s chief of It is possible. an equal and opposite reaction. If you staff, Mike House. I had campaigned I will candidly tell you another great go too far on one side or the other, you for the judge. Mike offered me a 1-year disappointment was when we let that are going to get a reaction on the other position on Heflin’s Judiciary sub- moment pass this summer—hoping side, just as hard. And that makes it committee, which I eagerly took. That that with a new President, maybe a harder and harder to reach that com- year not only changed my life but new Senate, maybe a new Congress, we mon ground. brought about a respect for this body, could get something accomplished. I You know, in Senator BROWN’s book for the Senate—as an institution, as in- hope that that still happens, but I was about his desk and the people in his dividuals, and for so many of its Mem- disappointed we let that moment pass desk, he quotes the political philoso- bers—that I had never had before. this summer when all of the country pher Hannah Arendt who observed: From that point on, folks, I was and all of the world was behind us to ‘‘The good things in history are usually hooked. I was hooked on this body—be- say: Please do something. Please do of very short duration, but afterwards fore being elected to the Senate. And something that we have known about have a decisive but a short time of in- now I have come to love the Senate a for decades, for centuries. Please do fluence’’—a long influence—‘‘over what lot and, importantly, all of the possi- something. happens over long periods of time.’’ bilities that go with it, which is why I Law enforcement said: Let’s do some- A short time—and I know you may be don’t really want to spend my last mo- thing. thinking, well, DOUG was only here 3 ments on the floor talking about what We let it pass. But it is never too late years; so that is what he is talking I have done. I want to talk about what to do the right thing. It is never too about. But I am not. In history, I am needs to be done, what can be done, late for justice. looking at something bigger—whether what is possible. It is possible to ensure that every eli- it was Martha McSally’s 2 years or my You know, even back in 2017, people gible voter is able to cast a ballot and 3; Senator GARDNER’s 6; Senator said it was just not possible to elect a have it counted. Now is the most im- UDALL’s 12; Senator ALEXANDER’s 18; or Democrat from Alabama to the U.S. portant opportunity we have seen in ENZI’s and ROBERTS’ 24; or, if you are Senate—and here I have been. 2020—concerns about our election proc- like PAT LEAHY, since Moses was in the It is possible to make affordable ess; that it might have been stolen; bulrushes. quality healthcare a reality for all that there might have been fraud. Use Our time here is short. There is not Americans. The ACA right now is the that opportunity to say: Let’s don’t let anybody on this floor right now who is best hope and only plan that is out these allegations have any credence not thinking about their time since there. As President Obama said—and going forward. Let’s get together. The they were sworn in and said that it was everybody should do this—if there is a technology is there. just like yesterday, because it was. Our better plan you can come up with, put Figure out a way that together we time is short. It is of a limited dura- it out there. Let’s do it. I will publicly can make our election safe and secure tion, and we have to act like that. We support it. and that all people will have access to have to make sure that every day we The goal is healthcare for everyone the ballot box—all people who are eli- are moving. in some way. There are so many in this gible to vote in this country. It has been a realization of a long- country and in my State of Alabama It is possible for our system of justice held dream. I have so many to thank: who desperately need it—before, dur- to treat all Americans equally—not Doug Turner, who is here; Joe Trippi, ing, and after this COVID crisis. It is just talk about it, but to do it. It is on my campaigns; and my late friend, possible to give people in remote and what I have tried to do throughout my Giles Perkins; and an amazing family: rural areas access to healthcare, but it career. It is possible. my bride Louise, my rock; my two is going to take a lot of work, and it is And this is going to be a challenge. It boys, Carson and Christopher, who going to take getting out of partisan is possible to restore the American peo- have wanted to kill both me and Louise corners. ple’s faith in government. And we all since they have been living at home It is possible to provide a quality know right now that that faith has during the pandemic. They have been education to every American child. I been shaken for many, many reasons. incredibly supportive. And then my know education is often funded locally, The faith has been shaken, but it is daughter Courtney and her husband but it is possible to do it. You just have possible to restore it. It is possible for Rip and her two beautiful girls, my to roll up your shirt sleeves and get it each of us to learn—as Atticus Finch granddaughters, who are still the done. taught us—to see things from another brightest stars in my sky, Ever and It is possible to extend broadband— person’s point of view, to walk around Ollie. access to broadband—to all Americans in their skin or in their shoes, to see I am grateful to each of you, my col- and bring every man, woman, and child things from other’s point of view, to leagues, and all that you helped me into the modern era, just like we did— find that common ground. with. the Congress did—with Franklin Roo- It is possible for us to realize that I am grateful to an amazing staff. I sevelt in the Rural Electrification Act deep down that progress is not a zero- am not going to go all the way through in the 1930s. Broadband is the new sum game, that a rising tide lifts all it. They have been true rock stars. I power. It is possible to do that. High boats. am going to enter something into the speed and affordable, that is key—af- These things are not easy. They take RECORD about my staff. fordable broadband. dedication and hard choices, but they I am grateful for the advice and It is possible to ease the burdens on are worthy goals. I know many of my counsel of Alabama’s senior Senator working-class Americans by setting a colleagues on both sides of the aisle are and an old friend, Senator SHELBY. minimum wage that is not going to dedicated to the same goals, and While RICHARD and I may disagree on hamstring businesses but will raise the though I won’t be able to cosponsor many policies, we share a commitment quality of living for so many in this anything with you from this point on to the people of Alabama to make sure country. So many in my State are in or debate the amendments in com- that we do all we can to get the people poverty, but yet they work. They work. mittee—if you get amendments in com- in Alabama the quality of life that

VerDate Sep 11 2014 06:19 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.028 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7305 they deserve, and I so much appreciate ment, experience, and independence to their (Applause, Senators rising.) Richard’s service to the people of the work, along with an understanding that the The PRESIDING OFFICER (Mr. COT- State of Alabama, his long and distin- Senate must be able to take a collective ac- TON). The Senator from Alabama. guished service—which started out as a tion in the national interest. Mr. SHELBY. What a good speech Democrat, by the way, just saying. Please remember that as you go here. We don’t hear them like that That is where the seed was planted, about the country’s business; remem- every day. folks. ber that as you go about the Senate’s To my colleague Senator JONES, 3 I also want to mention briefly the business; remember that as you go years was not a long time here, but we chairmen of the committees I worked about your business as a Senator. And feel his presence. I can tell you that I as you do, keep and preserve the rev- on: Senator CRAPO, Senator INHOFE, have known DOUG a long time. I re- erence that the Founders envisioned Senator ALEXANDER—who was one of member I came to the U.S. House when the first people who helped me come for this body. As former Majority Lead- he came up to work in the Senate for over—and the work that we did to- er Mike Mansfield once said, ‘‘The con- Senator Heflin in the Judiciary Com- stitutional authority . . . does not lie gether. You pulled me and helped me. mittee and so forth. with the leadership. It lies with all of Senator COLLINS, who chaired the I supported him when he was nomi- us, individually, collectively, and Aging Committee. nated by President Clinton to be the equally. . . . In the end, it is not the But I am especially grateful for the U.S. attorney in the Northern District Senators as individuals who are of fun- ranking members of those committees: of Alabama, where he did a tremendous damental importance. . . . In the end, Senators BROWN, CASEY, MURRAY, and job. I worked with him day after day, it is the institution of the Senate. It is REED. Their friendship and counsel as we all do, on a lot of issues that af- the Senate itself as one of the founda- have been invaluable. fected the country but affected, espe- tions of the Constitution. It is the Sen- Of course, I want to thank the minor- cially, our State of Alabama at times, ate as one of the rocks of the Repub- ity leader for all of his work for me and and we worked hand in glove. lic.’’ We have become friends. We have our on behalf of me. And as I think you Something we should all remember. guys know—not always the people of One more little bit of advice. Take differences, but we also have a lot of Alabama—Senator SCHUMER never out the word ‘‘negotiation’’ when you things that he talked about today tried to put puppet strings on me. I are talking about legislation. Don’t where we would come together for the know I got accused of that, but he talk about negotiating this bill or that State and for the country. never ever tried and, for that, I am bill, whether it is COVID relief or even I wish him well. I think we will hear very grateful. appropriations. It works, but let me more from him in the weeks ahead, in To the people of Alabama, I promised tell you what is happening out there, the months ahead. I certainly hope so. to do my best to represent each of you, what is happening out there with the He has a lot to give. whether or not you voted for me, and I people. They hear those words, and He has a great family. He has a great am proud of the work that we did on they think this is some side or the wife in Louise and a great partner your behalf and that I have accom- other trying to get an advantage. It is there. plished on your behalf. Thank you to like labor and unions. It is like a civil He has a great staff and we worked the people for giving me the honor of or criminal lawsuit. Somebody is try- together and we will continue to do serving you as your Senator. ing to get an advantage to try to do this. Finally, I am going to resist the urge things for their own interests. But one theme—and I like that he to tell you what is wrong with the Sen- We can talk about it from the Demo- kept expounding on it here today—that ate, how it operates today. You hear it cratic side of how we are working for if we work together in the Senate, Re- virtually every time a Senator gives a the people; we are negotiating for the publicans and Democrats, we get farewell address, and, instinctively, people. We can talk about it from the things done; if not, things don’t hap- you know it deep down. But I will offer Republican side; that we are negoti- pen. you this. There is a book I finished ating for patriotism and businesses to I wish Senator JONES Godspeed and reading recently that Ira Shapiro, a make sure they are protected. But wish him the best. former staffer, wrote. Many of you may what is being heard by the American Mr. President, today I would like to remember or know Ira. He wrote a people is this is all about Democrats; speak about my fellow Alabama col- book called ‘‘The Last Great Senate.’’ this is all about Republicans and get- league and friend, Senator DOUG JONES. It ought to be required reading for ting that political power. I have known DOUG JONES since he every Senator coming in. It was pub- Talk about common ground. Talk was a young staffer working for Sen- lished 8 years ago, about the two Con- about sitting down with the adminis- ator Howell Heflin on the Senate Judi- gresses during the Carter administra- tration or whomever and finding com- ciary Committee. During his 3 years as tion and how they operated—Bob Byrd mon ground. Talk about the goals that a Member in the Senate, I believe we as majority leader, Howard Baker as you agree on and how to get there. have worked well together. the minority leader, how they got ‘‘Negotiation’’ is just a bad word, and I He and his staff have shown a lot of things done for the American people. hate that, but it is. professionalism and class while in The author laments that the Senate As I prepare for the next chapter of Washington. He is respected by all of doesn’t operate today in that fashion. I my life’s journey, there is a sadness of his colleagues on both sides of the was here for one of those years. Sen- what I am going to leave behind, but aisle. ator LEAHY was here during that time. there is also optimism—optimism, the While we may not agree on every pol- His closing is even more important glass half full, the men and women who icy, DOUG understands the Senate and today as it was when the book was pub- serve in this body and their successors respects the institution. It has been an lished. He said: and the staff who support them. And I honor to serve with him. Annette and I have enjoyed spending America is adrift in turbulent and dan- emphasize that, again, the staff who gerous waters. Facing enormous challenges support them. Leading together will time with DOUG and Louise, and we at home and abroad, we urgently need our continue to bring a better future for wish them all the best. once-vaunted political system to function at the American people, for your constitu- Thank you, Mr. President. I yield the its best, instead of at its worst. To be sure, ents, for each of us together, not as a floor. it is more difficult being a senator today caucus but together as a Senate. The PRESIDING OFFICER. The Sen- than it was in the 1960’s and 1970’s. The in- You are just a damn, unbeatable ator from Montana. creasingly vitriolic political culture, fueled team. You are an unbeatable team. Mr. TESTER. I am going to be very, by a twenty-four-hour news cycle, the end- May God bless you all. May God con- very short. less pressure to raise money, the prolifera- The truth is that serving with DOUG tion of lobbyists and demanding, organized tinue to bless the United States of interests are all well known, and they take a America. JONES has been a once-in-a-lifetime op- toll. But all of those factors make it more Mr. President, with a deep sense of portunity for me. This guy’s last name essential that our country has a Senate of humility and gratitude, I say for the shouldn’t be JONES; it should be ‘‘Jus- men and women who bring wisdom, judg- last time, I yield the floor. tice.’’ He is somebody like nobody I

VerDate Sep 11 2014 07:12 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.030 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7306 CONGRESSIONAL RECORD — SENATE December 9, 2020 have ever seen, whose moral compass is That was the work we did in 2019. Sen- resents them, but it truly tells us what so tuned into right that it has just ator MURRAY and I, DOUG JONES, Sen- the people of his State think of him. I been an incredible pleasure for me to ator TIM SCOTT, Senator BENNET of Col- saw it firsthand. I saw it at a football be able to serve with him and to know orado were on it from the beginning to game. Now, Nick Saban and I grew up him and to also wish him the best mov- do two things at once that helped low- together in a small, little coal mining ing forward. income Americans who wanted to go to community. I don’t think we have heard the last college. I want you to know that Coach Saban of DOUG JONES. DOUG is not the kind of The first was to simplify the dreaded and Terry, his wife, send their best. person who will shrink away. There FAFSA, the Federal Aid application They want to thank you for your serv- will be another moment where he can form that 20 million Americans fill out ice. exhibit his ability of common sense, as every year that is 108 questions long. To see the fans gather around DOUG he has done here in the U.S. Senate for About 90 of them are unnecessary; ev- and to see the happiness that he and the last 3 years. erybody agrees. For years, we have Louise had when we were just out, I am deeply going to miss his friend- been working on that to try to simplify going through the tailgates, was a won- ship and his ability to sort the wheat it. Finally, we got a significant part of derful, wonderful sight. That tells me from the chaff because he has been able that done. everything about his purpose for being to do that from day one and continued DOUG JONES played a major role in here. I hope those in Alabama know today with his farewell speech. that because what that legislation did how truly fortunate they are to have I just want to say, God bless you, was to say to the low-income family in this gentleman, who loves Alabama DOUG JONES, and God bless your fam- Alabama or Tennessee or Arkansas or with every fiber and bone in his body. ily. Illinois—wherever—you don’t have to He has given them everything he has I yield the floor. send your tax information into the and has represented their State better The PRESIDING OFFICER. The Sen- Federal Government twice and let than any State I have ever seen rep- ator from Tennessee. them then see if they can catch you resented with the true passion that he Mr. ALEXANDER. Mr. President, I making a mistake and hold up your has. heard a lot about DOUG JONES before he Pell grant for 2 months while you fig- I love you, buddy. Thank you. got here from another courageous ure that out. All you have to do is The PRESIDING OFFICER. The Sen- former U.S. attorney, Hal Hardin from check a box, and the Internal Revenue ator from Vermont. Nashville. I was not disappointed when Service will fill out the tax questions Mr. LEAHY. Mr. President, I have he arrived. on your Pell grant application for you had the privilege of serving with many, DOUG JONES reminds me of another so that there is no chance of making a many Senators of both parties and former Democrat who was very effec- mistake. That made a big difference. with very many whom I have ap- tive in the Senate, Ted Kennedy. Ted And at the very same time, we agreed— plauded. Some stand out specially— Kennedy would come on the floor and Republicans and Democrats—to perma- some for their longevity and some for make the most—well, no one could ever nently fund historically Black colleges. who they are. DOUG JONES stands out say he abandoned his principles, based It was a goal that had been there for a for who he is. upon his speeches. He would stand back long time. I think, in listening to his work as a there in the back, and the things he So I would say to my friend from prosecutor—of course, that is near and would say would rally any Republican Alabama that I hope he puts that on dear to my heart in my having been a Lincoln Day Dinner. In fact, all I had his wall somewhere because that helps prosecutor—I had never faced what he to do back in Tennessee to stir up the a few hundred thousand low-income had. I think of his discussion of the Republican crowd was to mention Ted families in Alabama alone. There is summation he gave in the trial of the Kennedy. I did that on a regular basis. some work still to be done on that to people involved with the bombing of However, when I made my maiden ad- finish the job, to finish the FAFSA the church in Alabama and the killing dress, without my knowing it, Ted simplification, and there may be some and maiming of youngsters. In fact, I Kennedy went around and got 20 co- other support for historically Black had a chance to meet one of the sur- sponsors for the legislation I intro- colleges that we might even be able to vivors of that with DOUG, and I saw duced that day, and I got a good dose of get done while you and I are still here. how she had felt about him all these what it means to be an effective U.S. Yet I wanted to acknowledge a Sen- years later because he had had the Senator, somebody who sticks to his or ator who arrived, went to work, stuck courage to stand up and do something her opinions but, at the same time, to his principles, worked across the that may not have been popular with who knows we are here to try to work aisle, and got results. You can’t have a some in his State, but that had been on some sticky issues and get a result much better scorecard than that. the right thing to do. In all of the that most of us can vote for and that I yield the floor. years I have known him here, what he the country can accept. The PRESIDING OFFICER. The Sen- has done has been the right thing to do. In his time here, DOUG JONES did ator from West Virginia. Now, I have only had one objection that. I got to watch him because he Mr. MANCHIN. Mr. President, I also about him. He showed me a picture was a member of the Health, Edu- rise to acknowledge my dear, dear that was taken when this young man, cation, Labor, and Pensions Com- friend DOUG, but I do it in a different DOUG JONES, was working for Howell mittee. Senator Kennedy used to chair vein. So many good things have been Heflin—Judge Heflin, as I recall. They that committee, working with Senator said, and I think anyone who knows were standing there with these gray ENZI, Senator Gregg, Senator Hatch, DOUG or who has paid attention to beards, and this Senator from Vermont and others to produce a lot of legisla- what has been said today had found it asked: Who is the youngster in the pic- tion. He used to say that committee has been very accurate as far as his ture? has one-third of all the jurisdiction in having a commitment to the rule of Senator JONES, thank you for bring- the Senate. Maybe that is about right. law and his compassion for any person, ing that. I know Ann Berry, in my of- DOUG JONES was one of the newest especially for those who haven’t had fice, got a kick out of that because she Senators. We have 23 members. He was the same opportunities as all of us had the opportunity to work with you. way down at the end of the line, but I have had in life. That is what has We have done things that we have noticed he always came and he always moved us all. Yet I have gotten to see been able to joke about, like being in asked questions and he always listened. him in a different light. an airplane, where he was sitting in the He seemed to me to be trying to say He and Louise invited me down. I got front and I was sitting in the back. what he believed but learn from the to campaign with them, and it was all Fortunately, it was on the ground. Sen- witnesses how to get a result. about Alabama. I got to go down and ator JONES hollered out to somebody, Let me just mention one contribu- spend a couple of days. That tells you one of the military people there: Where tion he made that I think will stick of the true person. It not only tells you is the button for the ejection seat for with him and with the people of Ala- what he believes and what he feels for the back? bama and this country for a long time. the people of his State and how he rep- It caught my attention.

VerDate Sep 11 2014 02:42 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.032 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7307 I have also seen this man sit there derers. Their deaths say to us that we show for it. You told us who you were and try to discuss legislation. He would must work passionately and on your first day, and you proved it ask: How will that help people? I don’t unrelentingly for the realization of the every day thereafter. It has been an want this because it is politically bene- American dream.’’ honor to count you as a colleague. I ficial to me. How will it help people? I am sure a lot of people heard those know that you are going to continue to I have heard about towns now in Ala- words and nodded, but you heard those find ways to bend that moral arc of the bama that I had never heard about. I words, and you were inspired. In 2001, universe toward justice, and I look for- have also heard things he would tell me as the U.S. attorney for the Northern ward to supporting you in every way about that would make me think of District of Alabama, you led the suc- that I can in that goal. I wish you the towns in Vermont and make me realize cessful effort to try and convict the re- best. we were talking about the same prob- maining two coconspirators in the I suggest the absence of a quorum. lems. Never once would he say: These church bombing. Both men were sen- The PRESIDING OFFICER. The are Republicans or these are Demo- tenced to life in prison. clerk will call the roll. crats. He would say: These are people In that same office, you coordinated The legislative clerk proceeded to in Alabama who need help. So we a joint State-Federal task force that call the roll. would work on that. led to the indictment of domestic ter- Mr. SCOTT of Florida. Mr. President, I will speak further about this, but, rorist Eric Rudolph. You advocated I ask unanimous consent that the order Senator JONES, I think of you and your that Rudolph should stand trial first in for the quorum call be rescinded. wonderful family. I think of the trips Birmingham for the deadly bombing in The PRESIDING OFFICER. Without you and your wife and my wife and I that city of a women’s health center objection, it is so ordered. have taken together, and I feel that I before being tried in Atlanta for the CORONAVIRUS RELIEF have been a better Senator for knowing Centennial Olympic Park bombing. All Mr. SCOTT of Florida. Mr. President, you and traveling with you and listen- told, these and other bombings killed 2 I came to the Senate 2 years ago be- ing to you. I will miss you, my friend, people and injured more than 150. Ru- cause the people of Florida entrusted and I will speak further on this. dolph pleaded guilty and was sentenced me to fight against the broken ways of I yield the floor. to four life terms in prison because of Washington and the out-of-control The PRESIDING OFFICER. The as- your commitment. spending that is threatening the future sistant Democratic leader. I was honored, during the course of of our children and our grandchildren. Mr. DURBIN. Mr. President, there is the campaign, DOUG, to do a joint fund- I am fighting every day against the something about this DOUG JONES. raiser with you and Louise and Loret- political class in Washington—the From the earliest stages in his life, he ta, my wife. I got to sit out on my deck same elites that scoff when people like knew he was going to be a little bit dif- in Springfield and listen to Jason Isbell me say that government needs to be ferent. and Joe Walsh. It was a lot of fun that run like a business. They say govern- When I grew up in East St. Louis, IL, night. Sometimes campaigns are fun. It ment is too complicated to run like a it was expected that my childhood hero certainly was to be with you and Lou- business, but I say that any elected of- would be St. Louis Cardinals great ise on that particular night. ficial or government bureaucrat who Stan ‘‘the Man’’ Musial. But when you I want to close by saying that you believes that should resign tomorrow grew up in Fairfield, AL—also a base- shocked me on the floor of the Senate because they are part of the problem. ball fan as a boy—it turned out that with your first speech. I couldn’t be- It is time to wake up. It is time to your childhood heroes included Joe lieve that this new Senator from the wake up to the fact that every dime DiMaggio, Roger Maris, and Mickey State of Alabama would give a speech spent in Washington belongs to Amer- Mantle. I am not sure how that goes about guns and gun violence. It really ican taxpayers, and every dollar spent over in the Deep South, to say that you told me all I needed to know about you now is a tax increase for a future gen- are rooting for a team called the Yan- right then and there. You are willing eration. kees. But you did it, and you knew to stick out your neck for something It is time to wake up to the fact that from the start, in your youth, that you you believe in, even if it is going to be our Nation is more than $27 trillion in were willing to strike out and do the controversial and even if you are going debt. Every cent we spend moving for- radical, controversial thing. to catch hell for it, because you believe ward threatens our ability to fund our You were 9 years old in September in it sincerely. military and our safety nets like Social 1963 when four members of the Ku Klux I know you are a proud hunter and Security, Medicare, and Medicaid. Klan bombed the 16th Street Baptist gun owner, and there is no question in It is time to wake up to the fact that Church in nearby Birmingham, killing my mind about your views on that our position as the leader of the free four innocent, young girls who were issue. Yet, after the Pulse nightclub world is not promised and shouldn’t be not much older than you were. Four- shooting in Orlando, FL, that took the taken for granted. Irresponsible career teen years later, you were an idealistic, lives of 49 young men and women—one politicians who care more about their young law student who skipped class to of the worst mass shootings in the Na- next election than the future of our sit in on the trial of the ringleader of tion’s history—you supported tighter country will run this Nation into the that church bombing. You were mes- background checks for gun sales and ground if we let them, and I am fight- merized when listening to Alabama’s raising the age requirement to pur- ing like hell to make sure they don’t. then-attorney general—the lead pros- chase a semiautomatic weapon. Now, let me be clear. I support an- ecutor in the case—tell the jury: ‘‘It is I want to personally thank you, as other relief measure to help our small never too late for justice.’’ The jury well, for showing exceptional political businesses and individuals who are agreed and convicted the bomber. courage in cosponsoring my DACA leg- hurting because of the coronavirus. You would go on to marry Louise, islation in the Dream Act. I will never For months, Senate Republicans and God blessed you with three beau- forget it. have been trying to pass responsible tiful children—two sons and a daugh- I am also proud that you were an and targeted measures to quickly help ter. Yet the memories of those four lit- original cosponsor of Justice in Polic- those in need. And for months, Demo- tle girls who were killed in their ing. That wasn’t an easy one either for crats have blocked these measures be- church never left you. anybody and for you especially, but cause of politics. In his eulogy for the four fallen girls, you stood up for what you believed in. NANCY PELOSI admitted it. She said Dr. Martin Luther King said that the That is legislation that I joined in in- she purposely stood in the way of the girls ‘‘say to each of us, Black and troducing with our friend CORY BOOKER deal until after the Presidential elec- White alike, that we must substitute and soon-to-be Vice President KAMALA tion so that politics would be in their courage for caution. They say to us HARRIS. favor to avoid ‘‘considerations in the that we must be concerned not merely So you have left your mark. It may legislation that we don’t want.’’ about who murdered them but about seem like a short time in the Senate, It is shameful and exactly why the the system, the way of life, and the but there are those who have served for American people are fed up with Wash- philosophy which produced the mur- much longer who have a lot less to ington.

VerDate Sep 11 2014 02:42 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.034 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7308 CONGRESSIONAL RECORD — SENATE December 9, 2020 Congress has already allocated $2 Gavin Newsom dining at the French Many families in our country right trillion in direct and indirect aid to Laundry, Austin Mayor Steve Adler en- now are trying to figure out how to cel- States and localities. And we know, un- couraging constituents to stay home ebrate this holiday season while they fortunately, because Congress tried to from his timeshare in Mexico. struggle to afford daily expenses. These get this money out the door as quickly Do as I say, not as I do. are people we need to be helping. as possible, many programs within the These liberal politicians who refuse You wouldn’t run your business or CARES Act are riddled with waste, in- to open their States or spend taxpayer family the way Washington is run— efficiency, and fraud. money wisely are seeing high numbers like there is an endless supply and no Now a group of my colleagues want of unemployment. Most of the States consequences to racking up unthink- to spend another trillion dollars, in- with the highest unemployment rate in able amounts of debt. That is what cluding almost $200 billion to bail out the country are controlled by Demo- many of my colleagues want. But to liberal States with Governors who crats. keep spending money like this means can’t do the basic job they were elected On the other hand, Republican-led taking away the same opportunities to do—manage their own budgets. And States that are making the hard that I have had and others have had to we don’t even know how much is still choices to get on a fiscally responsible live the American dream, and it will unspent from the previous coronavirus path and reopen their economy safely take it away from our children and our relief packages. are succeeding and seeing lower unem- grandchildren. I have reached out to every single ployment rates. It is time to wake up. It is time to Governor—twice now—to learn exactly Thirty States have halved their un- make the hard choices to put our Na- how they have spent the hundreds of employment rate since May, while real tion on a path to recovery—recovery billions of dollars they have already re- GDP grew 33 percent in the third quar- from this virus, from the economic dev- ceived, and only 10 have replied. They ter, erasing losses from the previous astation it has brought with it, and won’t tell us because they don’t want quarter. You can see there, this is from from the fiscal calamity that decades us to know there are still billions of a Wall Street Journal editorial—if you of politicians have ignored. That in- dollars left unspent. They don’t want haven’t heard, ‘‘states are experiencing cludes refusing to bail out wasteful us to know that the real purpose is to a surge of—tax revenue.’’ Politicians States for their decades of poor fiscal take taxpayer money meant to help get don’t want this good news to get out choices. through this crisis and use it to back- because they want to get more of our I yield the floor. fill their inefficient and wasteful budg- money from States like Florida to pay The PRESIDING OFFICER. The Sen- ets and pension programs. for the budgets of Illinois, New York, ator from Missouri. Liberal Governors and mayors California, and New Jersey. You can S.J. RES. 77 around the country think the Amer- see the GDP growth of 33 percent in Mr. BLUNT. Mr. President, later ican people are stupid. They think tax- that quarter. today, we will vote on whether to go payers in States like Florida won’t re- Over here you can see States have forward with the arms sales that the alize if the Federal Government uses seen a big drop-off in their unemploy- administration notified the Congress of their taxpayer money to bail out ment rates by half over the last 6 a few weeks ago. These would be arms States like New York and California months, and there has been a big sales to the United Arab Emirates, and pay for those States’ wasteful growth in private sector employment, equipment sales. These sales clearly spending. but it doesn’t stop these liberal Gov- Governor Newsom has had his hand would continue the 20 years of growth ernors and mayors from wanting more out for a bailout despite the fact that in our relationship, working side by money. California’s tax revenues for this fiscal side against common concerns and Look, I know everyone wants to help year are running $9.9 billion or 18.6 per- common enemies. our States, and so do I. We help our cent above projections. Personal in- This really goes back through three States by ensuring appropriate spend- come tax revenue in October was $1 bil- different administrations, going back ing of the billions of dollars in tax- lion—15.6 percent higher than in the to 9/11 and beyond, where the UAE has payer dollars already allocated. We previous October in California, and consistently been willing to stand with help our States by safely opening the sales taxes were up 9.2 percent. For the us in at least six long-term deploy- economy and getting Americans back last 4 months, overall revenue in Cali- ments. They come; they stay. They are to work. We help our States by sending fornia has exceeded spring forecasts side by side with us in the field. They money to schools to safely reopen and and even 2019 collections. have been with us in the air. They are This is a State that paid $1.5 million funding vaccine research and distribu- flying what has previously been our to the chief investment officer of its tion. best piece of aircraft at a level that we public pension fund, who was actively Most States will be in a strong posi- would share it with other countries investing in companies tied to the Chi- tion to get through this pandemic that are friends of ours. nese Communist Party, only to later without more Federal aid, and that is This sale will continue that. It con- find out this person was personally in- great news for our country. But we tinues to allow even more interoper- vested in companies with ties to the know New York, California, Illinois, ability between the United States and Chinese Communist Party. You can’t New Jersey don’t need bailouts; they the UAE and Israel. make this stuff up. How is that for pen- want bailouts so they can use that Israel, by the way, is totally sup- sion waste and a national security money intended to address the fallout portive of this sale. The Ambassador threat? from COVID to backfill their long- from the United Arab Emirates and the It is the same story with Governor standing budget problems and their Ambassador from Israel earlier this Cuomo. New York’s overall tax revenue pension problems. week had a public event where they was up 4.3 percent in September com- I have said all along that I will not both talked about the support of Israel pared to September 2019. support that. It is not fair to the citi- for this sale. These are the same Governors who zens of States like Florida, where over As you know very well, our law re- are OK issuing new stay-at-home or- my 8 years as Governor, we made the quires a quantitative advantage for ders that are killing small businesses. hard choices—they were hard—that put Israel when we sell them equipment. As long as they get more money from our State on a fiscally secure path. We We have even a slightly different ad- the Federal Government to backfill paid down our State debt. We cut vantage, but being able to continue their budgets and pension plans, they taxes. We balanced our budget every this relationship is important. don’t care how many people in their year without borrowing money. The F–35 jets, the MQ–9 unarmed aer- States have to suffer. These Governors And $908 billion—$908 billion—of ial vehicles, advanced munitions—I and mayors don’t care, as long as they spending today equals a tax increase of think the total sale is about $23.5 bil- don’t have to follow their own oppres- $7,000 per American family down the lion. And this is not any kind of gift sive rules. road. It is not money that we have. It from the United States to the UAE. Let’s not forget about NANCY PELOSI is a tax increase of $7,000 per American This is the UAE making a purchase to- and the hair salon, California Governor family down the line. taling $23.5 billion for equipment that

VerDate Sep 11 2014 02:42 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.036 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7309 is made by American companies and al- der exactly what do you have to do to prehensive bipartisan reform of our most always by American workers. continue to be a trusted partner of the anti-money laundering laws. In August, we had the first break- United States. I would like to thank my colleagues, through in a diplomatic sense in the I yield the floor. especially Senator CRAPO and other Middle East in a long time. President The PRESIDING OFFICER. The Sen- Banking and Housing Committee col- Trump deserves credit for that. Israel ator from Ohio. leagues: Senators WARNER, JONES, deserves credit for that. But the UAE Mr. BROWN. Mr. President, I would REED, ROUNDS, and off the committee, deserves credit for that. The Abraham restate my request, whenever I come to Senators WYDEN, WHITEHOUSE, GRA- accords, where the UAE formally rec- the floor, that the Presiding Officer HAM, and GRASSLEY, and the Presiding ognized Israel, began to have flights wear a mask because he has people sit- Officer, Senator COTTON, for his work back and forth and other things that ting in front of him that could be at on this legislation. were significant in changing the envi- risk. On the House side, Chairwoman ronment in the Middle East, the most REMEMBERING PAUL SARBANES WATERS and Chairman MALONEY and difficult part of the world—the greatest Mr. President, this weekend, we lost Representative CLEAVER, thank you to breakthrough in 40 years. But that fol- a former Member of this body who all of them for working so hard to en- lowed a number of breakthroughs that truly embodied the spirit of service sure that today we have this crucial bi- weren’t quite as public, where this re- that should animate all of our work. partisan legislation in this defense con- lationship has grown—the Israel rela- His name is Paul Sarbanes. He passed ference report that will reform our tionship with the UAE—just like our away a few days ago. He was a long- money laundering laws and finally end relationship has gotten stronger over time chair of the committee of the Pre- abuses by anonymous shell companies. time. siding Officer. I would like to extend my thanks to To see the recognition of the two As chair of the Banking and Housing a former colleague, Chairman LEVIN, governments together, to see Bahrain Committee, he was always a voice for who was chair of Armed Services and follow that—I think we are going to see consumers and working families, the Permanent Subcommittee on In- other countries in the area decide that standing up against powerful corporate vestigations and to President Obama, a region that lives in peace with Israel interests. The accomplishment that who both voted on these issues for is a good thing for everybody involved, bears his name, the Sarbanes-Oxley years. Many of their good ideas are not a bad thing for anybody. So it is Act, was a landmark law in our efforts codified in this bill, harvesting some of important. to hold corporations accountable. It the seeds they planted years ago. I think how the Congress deals with helped protect Americans who invest The Anti-Money Laundering Act and this is significant. We have been noti- hard-earned money for retirement and the Corporate Transparency Act are fied as the law requires us to be noti- for their kids’ education from cor- the products of months and months of fied. Under this notification process, I porate banking fraud, the kind that bipartisan negotiations between and among Members of the House and Sen- don’t believe any sale has been denied, bankrupted families after scandals like ate and certainly the staffs of Senator and only one sale has been altered. Enron. The President has to agree. So if we Senator Sarbanes also never ignored COTTON and me and Senator CRAPO and debate this for hours and somehow it the housing part of our committee’s ju- others. I thank them for their good narrowly passes and the President ve- risdiction. He fought to make sure that work. The bill is a critical step to fight toes it and we don’t have the votes to all Americans could find and afford a money laundering and crack down on override the veto, which I am confident place to call home. Whenever devel- shell companies. While there are things we would not have—in fact, I think we opers tried to make a deal in Maryland, I would have done differently had we very likely have the votes to go ahead he was always adamant they include been writing the bill on our own, over- affordable housing in their projects be- and deal with this right here, right all, it is an effective and comprehen- now. It is the right thing to do. It is cause, fundamentally, he never forgot sive response to the problem of illicit the right time to do it. We will never where he came from. The son of Greek finance. I strongly support it. have more of a long-term runway of immigrants, Paul Sarbanes grew up a Criminals abuse the U.S. financial how things under the Bush administra- working-class kid, bussing tables at his system to launder money from drug tion, the Obama administration, and family’s restaurant on the Eastern trafficking, organized crime, Medicare the Trump administration have contin- Shore. and Medicaid fraud, weapons sales, and ued to progress to where the UAE has In the Senate, he cared about getting other criminal activities. I spoke today become a trusted ally. results for the people he served, not about this with Sheriff Burke of To- Now, they have become a trusted ally about getting the credit. Some of his ledo, the Lucas County Sheriff, a long- and a trusted diplomatic partner in colleagues called him the ‘‘stealth sen- time sheriff, and U.S. Marshal Pete El- this important breakthrough. Having ator.’’ He welcomed the nickname. He liott of Cleveland of the Northern Dis- this kind of equipment not only allows told the Baltimore Sun that stealth is trict. They welcomed this language, us to be interoperable, but frankly, it ‘‘one of the most important weapons in and they welcome this law. This will creates the opportunities for American our military arsenal. . . . If you let help them do their jobs better. military and American technicians to somebody else take the credit, you can Much of this dirty money that comes be working with them every time you get the result.’’ from organized crime in Medicaid have an upgrade, every time you have Senator Sarbanes was the definition fraud, weapons sales, drug trafficking, a significant maintenance issue. That of a true public servant. May he rest in and sex trafficking is laundered just further enhances, as does working peace as he joins his beloved wife through anonymous shell corporations. through how that equipment is used Christine. Connie and I pray for Rep- These are not victimless crimes. They afterwards—all of that further en- resentative JOHN SARBANES, his son, directly hurt Ohio communities, espe- hances the constant dialogue, the con- and the entire Sarbanes family. cially those torn apart by the opioid stant reinforcement of our friends who I hope my colleagues will join me in crisis. see common enemies and are working honoring Senator Sarbanes by building Sinaloa cartel actors and Fentanyl directly to move their country and on his legacy, standing up to the cor- traffickers have been destroying thou- their region in a much better direction. porations that have too much power in sands of families. They use money I hope that the Senate today does this country, and fighting for the laundering to get their drug money in what it needs to do and sends that mes- working people we serve. Paul Sar- and out of the country. Human traf- sage that we understand what Israel banes, like many others in this body, fickers who prey on runaways at truck would like to see happen, what the understood the dignity of work. stops along major interstate highways UAE would like to see happen, and, NATIONAL DEFENSE AUTHORIZATION ACT in Ohio and across the country also use frankly, what will happen and happens Mr. President, yesterday the House the financial system to launder their better if this debate focuses more on overwhelmingly passed the NDAA con- profits. We need to give law enforce- what that outcome produces, rather ference report by a veto-proof majority ment new modern tools to stop their than a debate that makes people won- of 335 to 78. That bill includes our com- crimes.

VerDate Sep 11 2014 04:11 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.038 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7310 CONGRESSIONAL RECORD — SENATE December 9, 2020 The bill finally requires comprehen- gress to oversee the use of—and some- Human traffickers who exploit the sive reporting by U.S. companies of times continuing violations by banks misery of runaways in truckstops their actual owners—no more hiding under—deferred prosecution agree- along major interstate highways in these abuses in anonymous shell com- ments and non-prosecution agree- Ohio and across the country use the fi- panies. It cracks down on bankers who ments, which too often are a slap on nancial system to launder their profits. look the other way to actively aid the wrist by regulators for banks that Medicare fraudsters cost the tax- money laundering and cracks down on evade sanctions, violate our AML payers $2.6 billion in one recent year, Big Banks that have shoddy compli- rules, or otherwise violate banking according to the HHS Inspector Gen- ance systems. If you are helping drug laws. As I have said, banks can’t be too eral, and tarnish the reputation of this traders hide their illegal fentanyl prof- big to jail, and regulators can’t treat lifeline for seniors. its, you deserve more than a slap on them that way. That’s why anti-money laundering the wrist. Banks cannot be too big to To help accomplish all these goals, and corporate transparency laws are so jail, and laws can’t treat them that the conference agreement authorizes critical: they protect the integrity of way. additional funding for the Treasury De- our financial system, provide critical I will closely monitor how this crit- partment, and we expect the Depart- intelligence to law enforcement to ical legislation is being implemented. I ment to insist on strong accountability combat crime and help give victims the spoke this week already with the Sec- for results and to be responsive to con- tools they need to hold bad actors ac- retary of Treasury designee and the gressional oversight as its officials countable. Deputy Secretary of Treasury designee work to implement this legislation. about being ready to administer and In addition, the bill finally requires Under Treasury’s existing rules, enforce these laws. I look forward to comprehensive reporting by U.S. com- banks are already working to secure working with the administration to en- panies of their actual owners. No more some of this information from sure that Treasury puts in place effec- hiding in the dark abuses by anony- accountholders when they open ac- tive anti-money laundering and cor- mous shell companies to commit counts. And while banks must continue porate transparency rules to imple- crimes. to play a key monitoring role, it’s also Unlike in most areas of reform and ment the bill as soon as possible. important that we finally, after all We know that criminals have long transparency, where the U.S. has led these years, require companies to pro- been revising their tactics to get the way, on this issue of anonymous vide basic information on their owner- around our current laws. This bill will shell companies we have long lagged ship when they’re formed. behind other nations, and failed to re- enable us to get ahead of them and The bill contains a strong definition quire uniform and clear ownership in- stay ahead of them. of ‘‘beneficial owner’’ which includes a formation for firms at the time of their I urge my colleagues to support it. two-part test covering individuals who, They supported this language in the incorporation in the states. This information is critical to law directly or indirectly, exercise substan- NDAA, and I ask them to support the enforcement. In the U.S. investigators tial control over an entity or hold or NDAA. often have to spend precious time and control an ownership interest in the Taken together, as we designed them, resources issuing subpoenas and chas- entity. The definition is clear that a these measures reform, update and ing down leads—sometimes jumping nominee, intermediary, custodian, or strengthen our current anti-money from anonymous shell company to agent acting on behalf of another indi- laundering laws and make critical anonymous shell company—to secure vidual cannot be the beneficial owner changes to U.S. corporate disclosure basic information about who actually of an entity. Nominees are not bene- laws to combat abuses by owners of owns a company. That makes no sense. ficial owners; neither are trustees or anonymous shell companies—including And with this bill, it will end. attorneys acting as agents. foreign owners from China, Russia, Treasury’s National Money Laun- The definition is also clear that em- Iran, North Korea and other coun- dering Risk Assessment estimates that ployees do not qualify as beneficial tries—who have for years been exploit- around $300 billion in illicit proceeds owners of an entity unless, apart from ing our system for criminal purposes. from domestic financial crime is gen- their employment status, they hold an The legislation strengthens the erated annually. ownership interest in the entity or can Treasury Department’s financial intel- Criminals have for a very long time exercise substantial control over the ligence, anti-money laundering (AML), abused our financial system to launder entity such as the ability to transfer and countering the financing of ter- funds gained through narcotics traf- some or all of the entity’s assets or rorism (CFT) programs, modernizing ficking, organized crime, Medicare and earnings to their personal use. The pro- our legal regime and improving com- Medicaid fraud, weapons proliferation vision defines ‘‘beneficial owner’’ as an munication, oversight, and informa- and other criminal activities. Much of individual who directly or indirectly tion-sharing in these areas. this dirty money is laundered through ‘‘owns or controls not less than 25 per- The conference agreement requires anonymous shell corporations. cent of the ownership interests of the much more routine and systemic co- Over the years we have heard all entity.’’ When applying this part of the ordination, communication, and feed- about these abuses, from the ‘‘Panama test, FinCEN must consider what to do back among financial institutions, reg- Papers’’ to the ‘‘Paradise Papers’’ to, if no one individual meets the 25 per- ulators, and law enforcement, to enable more recently this year, the series of cent minimum, and how that situation them to identify and act on suspicious news articles called the ‘‘FinCEN may trigger the second part of the ben- financial activities, better target bank files.’’ eficial owner test which requires dis- resources on critical AML tasks, and These exposures of abuses in our sys- closure of the individuals who exercise increase the likelihood of bad actors tem by dedicated journalists and na- ‘‘substantial control over the entity.’’ being caught by law enforcement. tional and international transparency It also provides for new whistle- organizations have highlighted prob- To determine whether an individual blower protections for those reporting lems involving human trafficking, drug exercises ‘‘substantial control’’ over an BSA violations and provides for pay- trafficking, terrorism, money laun- entity, FinCEN is not intended to de- ment of whistleblower rewards. dering, fraud, tax evasion, and other vise a numerical, narrow, or rigid test. It establishes tough new penalties on crimes involving illicit finance. Instead, the standard is intended to those convicted of serious Bank Se- None of these abuses are victimless function with flexibility to take into crecy Act violations, including addi- crimes. account the myriad ways that an indi- tional penalties for repeat violators, Money laundering for drug cartels vidual may exercise control over an en- and imposes a ban on financial-institu- has a direct line to the opioid crisis in tity while holding minimal or even no tion board service for those convicted Ohio, where Sinaloa cartel actors or formal ownership interest. of egregious BSA-related crimes. fentanyl traffickers have been destroy- They include written and unwritten It would require important new re- ing thousands of families. Combined agreements, arrangements, or under- porting from the Department of Jus- with the pandemic, these drugs have standings, instructions to company di- tice and Treasury to better enable Con- hurt thousands of Ohio families. rectors or officers, letter of wishes,

VerDate Sep 11 2014 04:11 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.040 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7311 control over personnel decisions, eco- that is registered with the SEC, has Again, these exemptions are intended nomic pressure on company share- disclosed its own beneficial ownership to be narrowly interpreted to prevent holders or employees, coercion, brib- information to the federal government, their use by entities that otherwise fail ery, threats of bodily harm, and other and has filed a Form ADV disclosing to disclose their beneficial owners to legal and illegal means of exercising the PIV’s legal name and any other in- the federal government. control. formation related to the PIV that the To ensure the bill’s exemptions func- Evidence that one or more individ- federal government may require. tion as intended, the Treasury, uals are exercising substantial control In addition, PIVs formed under the FinCEN, OCC, IRS, SEC, CFTC, and over a specific entity is expected to laws of a foreign jurisdiction must file other federal regulators should review vary widely and may encompass such with FinCEN a certification identi- and, if necessary, strengthen their fil- matters as emailed or telephoned in- fying every individual that exercises ing forms to ensure that beneficial as structions from the individuals sus- substantial control over the PIV, pro- well as nominal owners are disclosed to pected of being beneficial owners or viding the same information required the federal government by the specified their agents, employment or personnel for beneficial owners. exempt entities, including investment decisions made at the direction or with Because evidence shows that crimi- companies, investment advisers, pooled the approval of such individuals, finan- nals, fraudsters, and U.S. adversaries investment vehicles, money transmit- cial accounts that name such individ- are increasingly using PIVs to launder ting businesses, and all entities reg- uals as signatories, investment deci- funds and commit other wrongdoing, istered with the SEC, among others. sions made at the direction or rec- this exemption is of special concern The justification for the exemption ommendation of such individuals, or and should be subject to continuous, of entities that have both physical op- transfers of funds or assets to or at the careful review by Treasury as provided erations and at least 20 employees in in the new 31 U.S.C. 5336(i) to see direction of such individuals. the United States is that those enti- Requiring companies to provide their whether it should be retained or re- ties’ physical U.S. presence will make ownership information and storing it moved. it easy for U.S. law enforcement to dis- The exemption for dormant compa- in a secure federal database like cover those entities’ true owners. Like nies is intended to function solely as a FinCEN’s, alongside account holders’ other exemptions in the bill, this ex- grandfathering provision that exempts banking information, will help address emption should be narrowly construed from disclosure only those dormant longstanding problems for U.S. law en- to exclude entities that do not have an companies in existence prior to the easily located physical presence in the forcement. bill’s enactment; those grandfathered It will help them investigate and United States, do not have multiple entities are also required to imme- prosecute cases involving terrorism, employees physically present on an on- diately disclose their beneficial owners weapons proliferation, drug traf- going basis in the United States, or use to FinCEN as soon as their ownership ficking, money laundering, Medicare changes hands, they become active en- strategies that make it difficult for and Medicaid fraud, human trafficking, tities, or they otherwise lose their ex- U.S. law enforcement to contact their and other crimes. And it will provide empt status. No entity created after workforce or discover the names of ready access to this information under the date of enactment of the bill is in- their beneficial owners. This exemp- long-established and effective privacy tended to qualify for exemption as a tion should be subject to continuous, rules. dormant company. careful review by Treasury under the Without these reforms, criminals, The exemption provided to certain new 31 U.S.C. 5336(i) to detect and pre- terrorists and even rogue nations could charitable and nonprofit entities also vent its misuse. continue to use layer upon layer of merits narrow construction and careful Extending the disclosure exemption shell companies to disguise and launder review in light of past evidence of to subsidiaries whose ownership inter- illicit funds. That makes it harder to wrongdoers misusing charities, founda- ests are owned or controlled by one or hold bad actors accountable, and puts tions, and other nonprofit entities to more of certain identified exempt enti- us all at risk. launder funds and advance criminal ties is, again, intended to be inter- The bill also contains certain exemp- and civil misconduct. This exemption preted as narrowly as possible to ex- tions. The basic justification behind is intended to apply only to entities clude subsidiaries that never disclose the bill’s exemptions is that each ex- that are engaged in charitable or non- their true owners to the federal govern- empt category refers to entities that profit activities, and not to entities en- ment. already disclose their beneficial owners gaged in for-profit businesses or for- The exemption is intended to apply to the government in one way or an- profit activities. only to subsidiaries that are wholly other and so don’t need to duplicate The exemption is based, in part, upon owned or controlled by one or more of that disclosure in the FinCEN data- provisions in U.S. and state laws that the exempt categories of entities; base. enable federal and state officials to that’s why the provision does not con- For example, publicly traded compa- regulate and investigate nonprofit or- tain any reference to the 25% owner- nies already disclose their true owners ganizations to ensure, for example, ship figure that appears in the defini- to the SEC, and banks already disclose that the individuals behind them are tion of beneficial owner. their true owners to federal bank regu- not using the entity’s assets to inap- The Federal Reserve, Treasury, OCC, lators; there is no reason to require propriately enrich themselves, unfairly SEC, CFTC, FDIC, and other federal those entities to disclose the same in- compete against businesses that pay regulators should review their filing re- formation to FinCEN. Each of the ex- taxes, or advance other inappropriate quirements to ensure that the entities emptions should be interpreted as nar- objectives. that report to them, such as banks, rowly as possible to exclude entities In addition, the exemption given to publicly traded corporations, securities that do not disclose their beneficial entities that ‘‘operate exclusively to dealers, exchange operators, or com- owners to the government. provide financial assistance to or hold modity brokers, include requirements Exemptions created for pooled in- governance rights over’’ a charitable to disclose the subsidiaries they wholly vestment vehicles, dormant companies, entity is intended to be even more re- own or control. This exemption, like and certain nonprofits require espe- strictive; it is confined to entities that others, should be subject to contin- cially narrow interpretations to limit qualify as U.S. persons under U.S. tax uous, careful review by Treasury under those exemptions to entities that pro- law, have only U.S. citizens or resi- the new 31 U.S.C. 5336(i) to detect and vide some level of ownership disclosure dents as their beneficial owners, and prevent its misuse. to the government. derive ‘‘at least a majority’’ of their For their part, FinCEN identifiers The exemption for pooled investment funds from U.S. persons—meaning the are intended to simplify beneficial vehicles is intended to be available exemption is not available under any ownership disclosures by eliminating only to PIVs that rely for investment circumstance for entities formed under spelling and naming issues that can advice and services on a regulated bank foreign laws, established for foreign cause confusion or mistakes related to or on a securities broker-dealer, invest- beneficial owners, or funded primarily the precise individuals or entities in an ment company, or investment adviser with foreign funds. ownership chain.

VerDate Sep 11 2014 04:11 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.010 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7312 CONGRESSIONAL RECORD — SENATE December 9, 2020 FinCEN should design rules that will proval by a federal judge each time law the implementing rule requiring fed- encourage both individuals and entities enforcement wanted to access the data- eral, state, and tribal agencies to co- to obtain and use FinCEN identifiers in base—an approach which would have operate with its efforts to ensure an ac- their beneficial ownership disclosures. gutted the bill, tied up our federal curate, complete, and highly useful When assigning FinCEN identifiers to courts, and effectively rendered it inac- database of beneficial information and entities, FinCEN should first ensure cessible to state and local law enforce- to provide notice of the law’s beneficial that the entity has already disclosed ment. But the key here is a robust, ownership transparency obligations, as its beneficial ownership information to functional and effective database at required by the new law. FinCEN. An entity that has not dis- FinCEN to house this information and The Treasury IG should take imme- closed its beneficial ownership infor- make it readily available. diate steps to establish a process to ac- mation to FinCEN does not qualify and FinCEN should take immediate steps cept, store, and analyze information should not be granted a FinCEN identi- to create the new database needed to provided by a federal, state, local or fier. contain beneficial ownership informa- tribal agency, foreign government, fi- It is critical that, from the begin- tion. It should use state of the art nancial institution, reporting com- ning, FinCEN issue rules that ensure technology, procedures, and safeguards pany, civil society group, the public, or only one identifying number is as- to ensure the database is secure, easy others in the form of comments or signed to each individual and to each to search, easy to audit, and easy to complaints related to how FinCEN pro- entity, including all successors to a correct and update. FinCEN should use vides notification of the law’s bene- specific entity. FinCEN should also es- its new hiring authority to hire the in- ficial ownership transparency require- tablish mechanisms to detect and cor- formation technology specialists need- ments, how FinCEN collects and stores rect any procedure or database field ed to create the new beneficial owner- beneficial ownership information, or that may lead to the same individual ship database. In designing the data- regarding the accuracy, completeness, or entity possessing or using more than base, FinCEN should survey other ben- or timeliness of the information in the one FinCEN identifier. eficial ownership databases to deter- FinCEN beneficial ownership database. Chairman CRAPO and I agreed two mine their best features and design, years ago that we must get this done in and create a structure that secures the As part of that process, the Treasury this Congress—we must finally enact data as required by law. FinCEN should IG should establish procedures that sweeping legislation to require com- ensure that federal, state, local, and will enable comments or complaints plete ownership information—not of tribal law enforcement can access the identifying false, out-of-date, or incom- front men and women, not of those beneficial ownership database without plete beneficial ownership information forming companies on behalf of those excessive delays or red tape in a man- in the database or providing correct, who will pull the strings from behind ner modeled after its existing systems up-to-date, or complete beneficial own- the curtain—but of the actual owners providing law enforcement access to ership information in the database of companies to be available to appro- databases containing currency trans- promptly to reach the FinCEN per- priate law enforcement, intelligence action and suspicious activity report sonnel charged with ensuring the data- and national security officials in our information. base’s accuracy, completeness, and government who need it to combat FinCEN should allow federal, state, timeliness. In addition, the Treasury crime. local, and tribal law enforcement to ac- IG should establish a procedure to con- This bill lays out a system to do that cess the beneficial ownership data for duct periodic audits to determine the simply, efficiently and effectively, both criminal and civil purposes, in- extent to which such information actu- without unduly burdening small busi- cluding law enforcement activities de- ally reached the proper FinCEN per- nesses or others, and while providing signed to combat terrorism, money sonnel, was logged, stored, and ana- extensive protections for the informa- laundering, trafficking, corruption, lyzed, led to changes in the database, tion. In Europe, that information is in- evasion of sanctions, noncompliance and actually improved the accuracy, cluded in a public database. This ap- with tax law, fraud, counterfeit goods, completeness, and timeliness of the proach is different, imposing some lim- market manipulation, insider trading, beneficial ownership database. its on who will have access, and under consumer abuse, cybercrime, election In response to the bill, the Adminis- what circumstances. interference, and other types of crimi- trator for Federal Procurement Policy For example, it provides that federal nal and civil wrongdoing. should take immediate steps to revise agency heads or their designees—and FinCEN should also provide appro- the Federal Acquisition Regulation to agencies can extend that delegation as priate access to beneficial ownership require covered federal contractors and far down in their organizational chain data for foreign law enforcement re- subcontractors, at an early stage in the as they like—can provide access to the questing the information for criminal federal procurement process, to dis- database to appropriate law enforce- or civil purposes, including appropriate close to the federal government in ment authorities once per investiga- requests made by a prosecutor, judge, writing, and to update over time, infor- tion, so they do not need to keep re- foreign central authority, or com- mation on their beneficial owners. peating that authorization for the petent authority in a foreign jurisdic- To carry out this provision in the same investigation. And those delega- tion, keeping in mind that U.S. law en- law, the Administrator should work tions can be made on a bulk basis, so forcement will be seeking similar in- with the General Services Administra- groups or classes of employees can be formation from those same foreign law tion to add a beneficial ownership dis- authorized to access the data as need- enforcement agencies on a reciprocal closure requirement to the database ed. basis. FinCEN should endeavor to de- authorizing entities to bid on federal For State, local or tribal law enforce- sign a system that will provide appro- contracts. ment, they must get approval by a priate beneficial ownership informa- tribal, local, or state court of com- tion to foreign law enforcement with- At the same time it is developing petent jurisdiction, which need not be out excessive delays or red tape. regulations to implement the new law, a judge—it can include an officer of the As part of its implementation effort, FinCEN should simultaneously revise court like a magistrate, court clerk or FinCEN should take immediate steps the existing customer due diligence other administrative officer. to work with states and Indian Tribes rule to bring it into harmony with the While I saw no reason to treat fed- to determine how to confirm that all new law and all proposed regulations. eral, state and local law enforcement covered entities formed or adminis- In doing so, FinCEN should carefully officials differently, my Republican tered by those states or tribes actually evaluate the existing customer due colleagues insisted on this differential file and update the beneficial owner- diligence rule and preserve provisions treatment, and I am hopeful that the ship information required by law. that do not conflict with the new law. flexibility we have built in should We expect FinCEN to include any re- Among other changes, the revised cus- make it workable. sulting procedures or audits in the rule tomer due diligence rule must use the It is far more workable than the implementing the law. FinCEN should new definition of beneficial owner es- scheme some had pushed, to require ap- also include appropriate provisions in tablished in the law. Treasury and

VerDate Sep 11 2014 04:11 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.011 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7313 FinCEN should create a transition pe- In 2017, the UAE government also If they weren’t used wisely in the riod for financial institutions to imple- handed down a 10-year sentence to Nas- most recent years in the Yemeni war, ment the new beneficial ownership re- ser bin-Ghaith, an economist, for his will they be used differently in the fu- quirements. Lastly, FinCEN should criticism of the UAE and Egyptian ture? Can we trust the people who were also take steps to establish procedures Governments. Is this the kind of coun- part of a bombing campaign of civil- as needed to administer the revised try that deserves our most sophisti- ians in Yemen to do an act more wisely customer due diligence rule effectively. cated weaponry? with weapons in the future? Updating and strengthening our AML In 2018, the UAE arrested Matthew Let’s also not forget that a media in- and beneficial ownership laws will give Hedges, a British citizen and doctoral vestigation found that weapons that we us a 21st century system to combat student, and denied him access to legal sent to the coalition—U.S. weapons these crimes. I guarantee you crimi- counsel for 5 months. They sentenced that were sent to the Saudi-UAE coali- nals have long been revising, adjusting him to life in prison for spying charges tion—were lost, and, in some cases, and amending their tactics to cir- based on a confession that was ob- handed over to terrorists. That is right. cumvent our current laws. We must get tained in an undisclosed location. They Military equipment from the United ahead of them, and stay ahead of them. were ultimately forced to pardon him States was sent to the UAE, but it This bill will enable us to do that. after international outrage. Is this the wound up in the hands of terrorists. I urge my colleagues to support the kind of country that we can trust with The Saudi-UAE coalition reportedly conference report and this important our most sophisticated weaponry? used U.S. weapons as currency to win measure. The fact that the UAE is willing to the approval of militias inside Yemen. I yield the floor. buy this technology is not in and of To be clear, these activities are The PRESIDING OFFICER. The Sen- itself justification for the sale. This is against the terms of sale. We told ator from Kentucky. the time to carefully study the situa- them: You can’t give away our weap- f tion in the region and to consider the ons. You can’t use our weapons to pur- MOTION TO DISCHARGE—S.J. RES. effects of accelerating the Middle East- chase the support of Sunni extremists in Yemen. But they did. This should 78 ern arms race in the short-term and in give us cause for concern. This should Mr. PAUL. Mr. President, I rise the long-term. This is why our government make us say: Whoa. Let’s stop, and today to oppose another massive infu- let’s pause before we send more weap- sion of arms into the volatile Middle shouldn’t be rushing into approving this sale; yet our government is mov- ons into this war. East. Not only that, but Iranian proxies Someone must ask the question: Can ing at warp speed to approve this sale. It is as if we intentionally don’t want captured some of these weapons, and, a lasting peace be purchased with more predictably, pointed them back at the to consider all of these issues. weapons? Will selling sophisticated Saudi-UAE coalition. Guns, missiles, fighter jets and weaponized drones The most frequently cited argument in favor of this sale is that the UAE and vehicles ended up in the hands of bring more stability to the Middle terrorists—weapons that we put on the East? Is it wise to pour fuel on the fire has taken encouraging steps in the last few months. They have normalized re- ground in the Middle East. that burns in the Middle East? The same investigation found Mine lations with Israel, facilitated civilian The Senate today is debating with Resistant Ambush Protected Vehicles, travel, and more. Great. I am all-in for these joint resolutions whether to dis- MRAPs, in the hands of Sunni allies of approve of the announced sale of 50 F– that. the UAE and Saudi Arabia. But guess We should be encouraging peaceful 35s and 18 Reaper Drones to the United who some of these Sunni allies were. relations between countries. I support Arab Emirates, a country that has re- Al-Qaida in the Arabian Peninsula. We those efforts. But it is not clear that cently taken encouraging steps specifi- are talking about the remnants of al- cally toward Israel, but with an overall dropping advanced military technology Qaida in Yemen were getting weapons record that should give concern. into the region is, in fact, encouraging that we were giving to the UAE in The primary questions we should be peaceful relations, given how these Saudi Arabia. Does this sound like the asking ourselves are: To what ends has weapons have been used in recent kind of behavior we should reward with the UAE deployed its military and its times. more weapons? military technology in recent years? The UAE spent years bombing Yemen One of the MRAPs still had the ex- Does the UAE have a record that we as part of a coalition with Saudi Ara- port label on it indicating that it had can trust? What military behavior are bia to stop the Houthis. This bombing been sent from Beaumont, TX, to the we encouraging and rewarding with campaign was undisciplined and slop- UAE before ultimately getting ille- this sale? Will the U.S. bear responsi- py. Civilians, residents, and other non- gally transferred to extremists in bility if the UAE misuses these incred- military targets were often destroyed. Yemen. Is this the kind of behavior we ibly sophisticated weapons? The U.N. reports approximately 7,000 should reward with more of our sophis- The answers to these questions are civilians killed in Yemen and over ticated technology? far from clear. In fact, the UAE’s 10,000 wounded. The serial number on another MRAP record should give us pause. The UAE The Saudi-UAE coalition helped cre- in the possession of the Iranian-backed is not a democracy. Their human ate a humanitarian crisis in Yemen. Houthis was traced back to the 2014 rights record is mixed, and their mili- Amid collapsing public services, the sale of U.S. MRAPs to the UAE. So the tary activities in the region, as a one- largest cholera epidemic on record has UAE not only was trading our weapons time member of the Saudi coalition, affected at least 2 million people— for support among Sunni extremists, contributed to the bloodshed and dev- probably more—and killed almost 4,000. including al-Qaida-affiliated extremists astation in Yemen. A lot of this is to be blamed on the in Yemen, but they also were having On human rights, let’s look at some civil war that had been perpetuated by their equipment taken by the Houthis. recent reported examples. In 2017, Saudi Arabia and the UAE. So on both sides of the war in Yemen, Ahmed Monsoor, a human rights activ- At the height of the destruction, a we had U.S. weapons. Is it a good idea ist, was given a 10-year prison sentence Yemeni child would die of starvation to flood the Middle East with more of based on his speech. Specifically, he every 10 minutes. More than 50,000 chil- our weapons? Is it a good idea to keep was charged for posting ‘‘false informa- dren have been lost to starvation. sending weapons that wind up in the tion that harms national unity’’ on so- I have argued for years that the hands of people who don’t have our cial media. The charges against him United States should play no role in best interests at heart? were based on a call for the release of worsening the crisis via an arms pipe- Now, people say: Well, the UAE is another activist who had been put in line to the coalition that perpetuates doing better. They have stepped back prison for political speech. Is this the this war. American technology helped from the coalition. They are not, you kind of democracy or lack of democ- facilitate this crisis and should be a know, fighting as vigorously in the racy and lack of speech that should be real concern about sending more Amer- UAE. But there still are reports that rewarded with our most sophisticated ican bombs and fighter planes into this UAE is still involved in the civil war in weaponry? region. Yemen and that they are still engaged.

VerDate Sep 11 2014 04:11 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.012 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7314 CONGRESSIONAL RECORD — SENATE December 9, 2020 The UAE has a very conflicted record every other war in the Middle East, I zation of America, for example, has op- on human rights. I mentioned a few of think, is a hopeful promise but not nec- posed the sale because it jeopardizes those who have been in prison for 10 essarily a guarantee. Israel’s qualitative military edge. It years to life for speech—for speech The easiest way, if you favor pro- makes the technologies on which Israel against the government or even just tecting Israel’s QME, or military edge, relies less secure. speech the government doesn’t like. is to stop sending military assets to This statement from the Zionist Or- But flogging is also used as a form of other countries in the region. We are ganization of America is quite clear: punishment. There is no true freedom competing with ourselves right now. ‘‘The security of both the U.S. and of speech or press in the UAE. Is this We give advanced weaponry to Israel, Israel is best served by preventing any the kind of country we should give our and then we say we are going to keep other countries from acquiring this ad- most sophisticated technology to? your advantage. But then we give the vanced aircraft.’’ Activists have been held in secret de- advanced weaponry to the UAE, and so They couldn’t be clearer. Even many tention centers in the UAE. Electric Israel comes back and says we need in Israel were initially, and very vo- shocks have been used as a form of more. Then we give more to them, and cally, opposed to this sale. Their Min- punishment in the UAE. Social media the Saudis want more. And then once ister of Defense, Benny Gantz, said ab- statements against the government are we give the weapons to the Saudis, solutely it was a terrible idea. Their criminalized. You can be put in prison Israel wants more. It is a never-ending Minister of Settlements, same thing. for text messages, and people have been arms race between the so-called coun- I would urge my colleagues to con- put in prison and/or deported for text tries that are actually getting along, sider the possible consequences of this messages. not to mention the arms race between sale. We should not accelerate an arms The government has used mass trials those who are opposed to Iran in the race in the Middle East; we should not against dissidents. Statements of sup- region. jeopardize the security of our military port for Qatar were made illegal during The easiest way to protect the quali- technologies; and we should not reward the region’s diplomatic standoff. Criti- tative military edge of Israel is to quit a decade-plus of undesirable behavior cisms of government officials were sending more advanced weaponry into by the UAE. I urge a vote in support of made illegal by decree. This is not an the region. We have committed to pro- these resolutions of disapproval. Madam President, pursuant to the open society; this is not a democracy; tecting Israel’s QME in response to Arms Export Control Act of 1976, I and this is decidedly not a country these sales, but we continue to obligate move to discharge the Foreign Rela- that we should be giving our most so- ourselves to increasingly large sales to tions Committee from further consid- phisticated weaponry to. offset the large sales we have already eration of S.J. Res. 78, a joint resolu- Do we believe these arms sales will approved to others, like the UAE and tion providing for congressional dis- encourage or discourage bad behavior Saudi Arabia. approval of the proposed military sale from the UAE? We are clearly commu- There is another aspect to the quali- to the United Arab Emirates of certain nicating to the UAE that human rights tative military edge that is rarely dis- defense articles and services. take a backseat to arms sales. cussed. It is the QME that Saudi Ara- The PRESIDING OFFICER (Mrs. Part of the consideration for these bia and the Gulf sheikdoms have over BLACKBURN). The motion is pending. arms sales is the recent developments Iran. Saudi Arabia is the third biggest Mr. PAUL. I yield the floor. from the UAE—most prominently, the purchaser of weapons and the third big- The PRESIDING OFFICER. The Sen- UAE’s normalizing relations with gest spender on military of anyone in ator from New Jersey. Israel through the Abraham accords. It the world now, but if you add Saudi Mr. MENENDEZ. Madam President, I is a positive development, without a Arabia’s weapons to the Gulf sheik- rise today to urge my colleagues to doubt. I am all in favor of it. I am all doms’ weaponry, you find that they support these two resolutions of dis- in favor of trading with the UAE. I am spend eight times more on their mili- approval. I appreciate my distinguished all in favor of Israel trading with the tary than Iran. So what kind of re- colleague from Kentucky and his sup- UAE. I am all in favor of good diplo- sponse would we imagine? port and advocacy here in these par- matic relations, but you can also have We may not like what Iran does, but ticular arms sales to the United Arab diplomatic relations without flooding we should at least think about what Emirates. the region with our most sophisticated they will do in response to what we do, Simply put, many aspects of this pro- armaments. and what in response to what the posed sale remain conceptual—concep- Outwardly, we are told by all in- Saudis do and the UAE does and Israel tual. We are being asked to support a volved that the F–35s are not a condi- does. Exacerbating the QME inevitably significant transfer of advanced U.S. tion for the Abraham accords, but if leads to pressure on Iran to further es- technology without clarity on a num- you ask whether it is a good idea to calate the arms race and becomes a ber of key details regarding the sale or send some of our most advanced weap- never-ending destructive cycle of more sufficient answers to critical national onry to the UAE, we are nonetheless and more weapons. security questions. told, if we don’t, it might jeopardize People say—and this administration There are simply too many out- the accords. Well, which is it? They are has said—we want an agreement with standing questions about the protec- either part of the accords or they are Iran but not just a nuclear agreement. tion of critical U.S. military tech- not. So we got out of the nuclear agree- nology and the broader implications of I, frankly, think, if the weapons were ment. We want an agreement on con- these sales to U.S. national security re- not to go, that the advantages to ventional weapons. But how will that garding the UAE’s relationships, for Israel-UAE having diplomatic relations work? We asked Iran to limit their example, with Russia and China as in trade are so great that they will weapons, but we keep piling weapons they exist today—as they exist today. continue. The assurance right now is on the other side? Do you think Iran is I have heard some of my colleagues that we will guarantee what is called going to agree to limit their weapons if say: Well, aren’t we concerned that Israel’s qualitative military edge in we keep piling more of our sophisti- they will go to Russia—they have rela- the region, even after the sale of F–35s cated weapons into the hands of the tionships with Russia and China as it and Reaper drones to the UAE. So the Saudis and into the hands of the UAE exists today in a military purchase message to Israel is: Yes, we are giving and others? context—and about the long-term im- the same advanced fighter jets to the There is great concerns with this plications, of course, to the United UAE, but we will give you even better sale, and rushing it through is a mis- States and to our ally, the State of jets in the future. take. What happens if the F–35s are Israel, in terms of national security? All I can say is, that is a big maybe. shot down? What if Russia or China is Now, it is disappointing that we are And people who accept, on the face of able to access our sensitive stealth forced to discuss these issues in such a that, that, oh, yes, we are going to technology? How will the need for con- public way through a formal congres- guarantee something, but we are giving tractors be handled in a secure fashion? sional expression of disapproval. That this same equipment to people who Some supporters of Israel are very is not normally how we do this. How- have been on the other side of virtually worried about this. The Zionist Organi- ever, the administration left us no

VerDate Sep 11 2014 04:11 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.042 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7315 choice because of the way that it at- To date, we have yet to get a clear Hon. MIKE POMPEO, tempted to rush through these sales by answer as to why the President and the Secretary of State, Department of State, Wash- completely subverting congressional Secretary of State are trying to, again, ington, DC. oversight, and, it appears, increasingly, circumvent the congressional arms Hon. MARK ESPER, the need for greater interagency re- Secretary of Defense, Department of Defense, sales oversight process by rushing the Washington, DC. view. sale of 50 of the most advanced fighter DEAR SECRETARY POMPEO AND SECRETARY Now, the U.S. Congress has a unique jets in the world—technology that ESPER: We write today to seek clarity on legislative responsibility to oversee gives Israel and the United State a public reporting and mixed messaging from U.S. arms sales abroad. This process al- critical military advantage over any the Administration on a proposed sale of the F–35 aircraft to the United Arab Emirates. lows Congress to engage privately with adversary. relevant national security agencies and As you well know, Congress has statutory the intended recipient countries in Moreover, the administration wants authority over foreign arms sales, but it ap- pears that the Administration is trying to order to better understand the intrica- to push through without any congres- sional oversight the second largest ever rush through a precedent-setting sale of the cies and security implications of any United States’ most advanced fighter air- proposed sale. But as it has done be- sale of armed Reaper drones to the craft to a country in a volatile region with fore, the administration decided to ig- UAE and over 14,000 additional aircraft multiple ongoing conflicts. The Administra- nore the congressional responsibilities munitions on top of the 60,000 already tion appears to be ignoring long-standing, here and rush through with this sale. sold to Abu Dhabi as part of the non- deliberative, internal U.S. processes for con- They blew right through that period of emergency last year. I say ‘‘non- sidering whether selling such a sophisticated emergency’’ because they declared an and mission-critical military system abroad review that the Congress has had nor- could compromise the United States’ na- mally for about 40 days. emergency, but there was no emer- tional security interests—and in this case Let me just say, the United Arab gency to be justified. Israel’s—and instead is rushing to meet a po- Emirates, from my view, has been an Delivery of the most advanced fea- litical deadline. important partner in the fight against There are numerous questions as to how tures could take years. I say that be- the national security interests of both the terrorism and for other U.S. national cause, therefore, there is no reason security priorities, and I will suspect it U.S. and Israel will be served, or under- that giving us a timeframe to do what mined, by such a sale. We fear that the will continue to be so after this. It is we normally do to determine whether Trump Administration’s recklessly acceler- unfortunate, however, that we find our- this is the right sale in the national se- ated timeline will preclude sufficient and selves in this situation. curity interests of the United States, comprehensive consideration of these issues Following the historic Abraham ac- by the national security professionals in the cords, we started hearing that the ad- not starting an arms race in the Middle Departments of State and Defense, as well as ministration was planning to grant the East, also dealing with Israel—is that by the Congress. UAE a longstanding request—the sale too much to answer when you are not Emirati officials have publicly and pri- even going to get any of this equip- vately declared that their decision to nor- of the most advanced U.S. stealth malize relations with Israel was not depend- fighter jets. Both the Emiratis—and I ment for years? These are major sales by any measure. ent on getting the F–35; however, the Admin- have spoken to their Foreign Minister istration’s attempt to move at breakneck and to their Ambassador—and the U.S. Part of this conversation is also, as speed so close to this announcement would administration continued to insist, my colleague has said, about Israel’s give the appearance that it was. Addition- however, that there is no connection— qualitative military edge that it cur- ally, this sale seems more tied to the Amer- none—between the Abraham accords ican political calendar than to a sober delib- rently has over its neighbors and was eration about regional security. and this sale. So that is a red herring expected to maintain with its own pur- U.S. national security and the safety of for those who are concerned that some- chase of 50 F–35s that are still in the American troops could be seriously com- how we are going to disrupt the Abra- process of being built and delivered. promised by this sale. The F–35 is one of the ham accords. most advanced aircraft in the world, giving While I join just about all of my col- Let me make it clear. I take a back- the United States and its allies and partners leagues in applauding the advancement seat to no one when it comes to ad- a tremendous military advantage. This of diplomatic relations that builds vancing U.S. policies to protect Israel’s therefore creates an immense counterintel- upon years already of Israeli and national security. I have proven that ligence threat against this aircraft. Indeed, time and again. But this sale is fun- assessing the risk to our own military ad- Emirati engagement, there is abso- vantage is a critical part of the internal de- lutely no reason to rush through an damentally about U.S. national secu- liberations we must make before agreeing to arms sale of this magnitude, especially rity, about the U.S. qualitative mili- provide this aircraft, including any recipient when we are being told there is no con- tary edge, and about our long-term na- country’s history of use of U.S. origin weap- nection. tional security. It is also about not ons and its capacity and willingness to pro- Interagency review of such sales usu- wanting to start and thinking about, at tect critical U.S. technology. Indeed, given ally takes many months of careful de- least, what does it mean in terms of an that the F–35 has been financed, developed, liberation. The Departments of State, advanced arms race in the region. produced, and sold to our security partners as part of an international consortium, the Defense, and others must assess what Unfortunately, particularly for Mem- sale has the risk of undermining their secu- capabilities are safe to sell, what tech- bers who do not serve on national secu- rity as well. nology security measures are appro- rity committees, there is much we can- In light of these concerns, we have listed priate and necessary, what restrictions not discuss in an open setting, but let below a series of vital questions that must be on use are imposed, and how the sale fully answered before this sale is sent to me assure all of my colleagues that will affect the national security of our Congress for review, as required by statute. these sales have very real implications friends and allies in the region and 1) What precisely has the U.S. agreed to in for their own technology security. terms of selling the F–35 and other aircraft elsewhere. to the UAE? Once these deliberations have con- On October 9 of this year, Armed How many? cluded, a sale of this magnitude usu- Services ranking member Senator On what timeline for delivery? ally sits with the Senate Foreign Rela- REED and I sent a letter to former Sec- Has the U.S. received a formal Letter of tions Committee for an informal re- retary of Defense Esper and Secretary Request from the UAE for these aircraft? 2) Would the Emiratis have signed the view process that, by the State Depart- of State Pompeo with 16 detailed ques- Abraham Accords if not for the promise of ment’s own requirement—the State De- tions about the F–35 sale. To date, we this sale? Were F–35s or any other military partment’s own requirement—would have not received satisfactory answers sales discussed as part of deliberations re- last 40 days. to any or all of those questions. lated to the Abraham Accords? Then, for reasons the administration 3) Has the UAE articulated a military I ask unanimous consent to have has concealed, it completely subverted threat necessitating the acquisition of F–35 this review process and officially start- that letter printed in the CONGRES- aircraft? ed a statutory 30-day review—all before SIONAL RECORD. How would the UAE employ F–35s against that threat? any briefings were even given to staff, There being no objection, the mate- Are there other military or other means let alone Senators and members of the rial was ordered to be printed in the that could also counter this threat or committees of jurisdiction. RECORD, as follows: threats?

VerDate Sep 11 2014 04:11 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.044 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7316 CONGRESSIONAL RECORD — SENATE December 9, 2020 4) It has been reported that the U.S. and If so, how will these additional arms to ner? Let me try to answer that ques- the UAE have agreed to conclude a Letter of Israel be financed? Will the U.S. need to in- tion. Offer and Acceptance (LOA) for the aircraft crease Foreign Military Finance levels in Following a classified briefing with by December 2nd. This is an extremely accel- order to offset this sale to the UAE? the administration—the details of erated schedule for interagency review, con- 12) The UAE has taken an active role in sultation with Congress, and preparation of supporting Khalifa Haftar, who has contin- which I will not discuss here—there are the LOA and negotiation on its terms with ued a brutal military campaign in Libya a whole host of issues that a trusted the UAE—a process that can take months, if against the internationally recognized Liby- partner would ultimately have to agree not longer. an government. According to recent reports, to. Is this deadline correct? the UAE may even have violated the U.N. One, the United Arab Emirates has If so, why did the Administration agree to arms embargo on Libya. been building its military relations this arbitrary deadline in concluding an What will prevent the UAE from using F– with Russia and China. Just a few LOA? 35 aircraft in conflicts where the United years ago, the Emiratis and Russia How would such an accelerated timeline af- States and its allies are pressing for a diplo- fect the Congressional review and approval matic solution? signed an agreement to develop a fifth- process? Will the United States require any com- generation fighter jet and to purchase 5) It has traditionally taken months for a mitments from the UAE that it will not em- Russian Sukhois. Our own Department complete and comprehensive interagency re- ploy such aircraft to the detriment of of Defense inspector general recently view of a proposed sale of this importance Israel’s security interests or the foreign pol- indicated that they may be funding the and sensitivity. icy and national security interests of the malicious Russian Wagner mercenary Has the U.S. interagency reviewed and de- United States, as determined by the Israel forces in Libya. So what is the status termined what variant of the aircraft would and the U.S. respectively? be best to sell, in terms of protecting the air- 13) To what extent would this sale stimu- of and what specific efforts are we tak- craft’s technology and in terms of protecting late an arms race in the region, both among ing to address the UAE’s current and Israel’s Qualitative Military Edge (QME)? the Gulf States and with Iran? With the arms future military relationship with If not, when will that review commence embargo against Iran in danger of expiring, China—where they are talking about and how long might it take? would this sale provide greater encourage- building an airbase outside the UAE’s 6) Has a determination been made that the ment to China and Russia to sell Tehran ad- waters, on artificial land—and Russia? sale of this aircraft to the UAE will not jeop- vanced fighter aircraft and advanced air de- There are no answers to that. Do we ardize Israel’s Qualitative Military Edge? fense systems, in numbers and under more not deserve, if we are going to send the If so, upon what basis was that determina- favorable financial terms than would other- tion made? wise be the case? most sophisticated equipment in the 7) Will any aircraft sold to the UAE be re- 14) In 2017, the UAE and Russia signed an world to the UAE, to make sure that duced in capabilities compared to com- agreement to develop a fifth-generation there is a written commitment that parable U.S. aircraft? fighter jet, along with a separate UAE pur- they are going to phase out those mili- If so, how much less capable will these air- chase of Russian Sukhoi Su-35 fighters. In tary engagements? craft be compared to Israeli and U.S. F–35 addition, after being rebuffed in its attempts What specific steps and assurances aircraft and other aircraft? to purchase armed drones from the United are the United States taking to safe- Exactly which systems, software, and com- States, the UAE reportedly purchased Chi- guard U.S. military technology against ponents will be reduced in terms of oper- nese surveillance drones and outfitted them ational capability in comparison with Israeli with targeting systems. Other reports indi- sophisticated espionage, and what spe- and U.S. aircraft, and to what degree and cate that expatriates from countries aligned cific commitments do we have from the with what effect? Please provide a detailed with China operate some of the UAE’s weap- Emiratis? There is no answer to that written and graphic comparison. ons systems. question. A trusted partner would 8) What anti-tamper measures will be in- What is the status of the UAE’s coopera- agree to those safeguards. corporated into the F–35 and other aircraft tion with Russia? Would these efforts Three, the UAE last year transferred sold to the UAE to ensure that critical or present security and counterintelligence U.S.-origin weapons to a terrorist orga- sensitive military technology and compo- threats to the F–35? nization in Yemen that has a history of nents within such aircraft are not com- What assurances and commitments, if any, promised, either in operation or in terms of has the UAE made to the United States to targeting civilians. The Emiratis have revealing classified information about such safeguard U.S. technology from Russian and been repeatedly accused, along with technology and components? Chinese personnel that may be involved in others, of violating the U.N. arms em- 9) Will the UAE be required to enter into either of these programs? bargo on Libya. Well, what assurances binding commitments not to employ such Has the UAE agreed to terminate all such do we have about how and where these aircraft in situations that might expose cooperation and purchases from Russia and new sophisticated weapons would be them to technological intelligence collection China? used? There is no answer. A trusted efforts, such as exposure to advanced anti- 15) What are the Administration’s aircraft radar systems? thoughts regarding other sales of the F–35 in partner would agree to those limits. 10) What secondary security measures will the region? Four, the long-term threat of a high- be put in place to protect critical U.S. tech- 16) Have you, or will you, consult with our ly lethal arms race and the great power nology inherent in the F–35? partners about these risks and their views of competition implication this could set Will the U.S. require continuous U.S. pres- this potential sale to the UAE concluding off across the region and implications ence on base to monitor the security of the the sale? for future gulf cooperation—the aircraft? Will you take their concerns into account Qataris have already asked for their Will the U.S. be made aware of any pro- during the interagency review process to ad- own F–35s. Is that what is next? Saudi posed third-party nationals to visit the dress their concerns? base(s) where the F–35 aircraft are based? We look forward to your immediate re- Arabia—well, they may say: We like Will the U.S. be able to veto any physical sponse. the United Arab Emirates, but we can’t presence of such nationals if, in the opinion Sincerely, be inferior for our own national secu- of U.S. personnel present in the U.S. Em- ROBERT MENENDEZ, rity. bassy or in Washington, the close physical U.S. Senator. What security threats would be posed proximity of such third-party nationals JACK REED, when the entire region is armed with could constitute an intelligence threat to U.S. Senator. the most sophisticated weapon we have sensitive technology in or of these aircraft? Mr. MENENDEZ. I am not opposed to Will any automatic electronic security to offer? There are no satisfactory an- measures be employed to protect U.S.-origin these sales if they make sense and pose swers, if any, to these questions. aircraft, manuals, and related documents? no threat to U.S. or Israel security in What guarantees do we have that Will the maintenance and servicing of the short and the long term. But these these weapons will not be used against these aircraft be performed solely by U.S. sales require and deserve careful and the United States or Israel’s national personnel, or in concert with Emirati per- deliberate consideration within the security in the future? How will that sonnel? interagency process and by this Con- be determined? 11) What measures will be taken to coun- gress. However, that simply has not What might Israel need in the future teract any reduction in Israel’s QME? happened. Will the U.S. shift from a Qualitative Mili- to secure its qualitative military edge? tary Edge measurement to a Quantitative A little while ago, my distinguished There is no clear answer to that. one, selling or providing more aircraft and colleague from Missouri, Senator What specific military threat have munitions meant to overwhelm the height- BLUNT, asked on the floor: Well, what the Emiratis articulated that they ened military threat to Israel? do you have to do to be a trusted part- need the F–35s to address right now? If

VerDate Sep 11 2014 04:11 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.013 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7317 they have specific needs, then we need For that reason, I urge all of our col- NOT VOTING—4 to know that because if these aren’t leagues to support these resolutions of Harris Perdue going to come online for some time, disapproval so that we may have more Loeffler Rounds maybe their needs are more consequen- time to assess for ourselves the nu- The motion was rejected. tial and they need to be dealt with in ances of these sales and the repercus- VOTE ON MOTION TO DISCHARGE—S.J. RES. 78 a different way. sions they may have in the region for The PRESIDING OFFICER. Under How might the Iranians react to the decades to come, to ensure technology the previous order, the question occurs increase of stealth fighter aircraft in transfer doesn’t take place, and to en- on the motion to discharge S.J. Res. 78. their neighborhood? We have no anal- sure that the national security inter- Mr. MENENDEZ. I ask for the yeas ysis of that. ests of the United States are preserved. and nays. Finally, the timeline. When will the I urge you to support these resolutions The PRESIDING OFFICER. Is there a letters of offer and acceptance be con- to stand up for those propositions. sufficient second? cluded? Why was there an initial artifi- Both are critical to protecting U.S. na- There appears to be a sufficient sec- cial deadline? Why the rush to cut tional security interests. ond. short the normal, monthslong inter- The clerk will call the roll. VOTE ON MOTION TO DISCHARGE—S.J. RES. 77 agency review process by the Congress The legislative clerk called the roll. and national security professionals? Madam President, I ask unanimous Mr. THUNE. The following Senators Why? Why? Are they trying to lock in consent that all debate time on S.J. are necessarily absent: the Senator the sale before President-Elect Biden is Res. 77 and S.J. Res. 78 be yielded back. from Georgia (Mrs. LOEFFLER), the inaugurated, regardless of the possible The PRESIDING OFFICER. Is there Senator from Georgia (Mr. PERDUE), cost to U.S. and Israeli national secu- objection? and the Senator from South Dakota rity? We have no answer to that. Without objection, it is so ordered. (Mr. ROUNDS). As I have said before, the United Under the previous order, the ques- Mr. DURBIN. I announce that the Arab Emirates has been an important tion occurs on agreeing to the motion Senator from California (Ms. HARRIS) is partner for critical U.S. interests, in- to discharge S.J. Res. 77. necessarily absent. cluding the fight against terrorism and Mr. MENENDEZ. I ask for the yeas The PRESIDING OFFICER. Are there in our efforts in Afghanistan. But ac- and nays. any other Senators in the Chamber de- cording to the United Nations and to The PRESIDING OFFICER. Is there a siring to vote? the Department of Defense’s own in- sufficient second? The result was announced—yeas 47, spector general, at the same time, the There appears to be a sufficient sec- nays 49, as follows: UAE also seems to be working against ond. [Rollcall Vote No. 262 Legislative] our stated interests in other areas. A The clerk will call the roll. YEAS—47 trusted partner would be in collabora- The senior assistant legislative clerk Baldwin Heinrich Reed tion and in cooperation with us. Bennet Hirono Rosen called the roll. Blumenthal Jones Sanders Look, I wish we could have had these Mr. THUNE. The following Senators Booker Kaine Schatz discussions in more appropriate set- are necessarily absent: the Senator Brown Kelly Schumer Cantwell King tings. That is what we normally would from Georgia (Mrs. LOEFFLER), the Shaheen Cardin Klobuchar Smith have done. Senator from Georgia (Mr. PERDUE), Carper Leahy Stabenow This is, of course, not the first time Casey Manchin and the Senator from South Dakota Tester the administration has subverted Coons Markey (Mr. ROUNDS). Udall Cortez Masto Menendez Congress’s important oversight role in Mr. DURBIN. I announce that the Van Hollen arms sales. Last May, the administra- Duckworth Merkley Senator from California (Ms. HARRIS) is Durbin Murphy Warner tion notified more than $8 billion of Feinstein Murray Warren necessarily absent. Whitehouse weapons to Saudi Arabia and the The PRESIDING OFFICER (Mr. Gillibrand Paul United Arab Emirates. It cited a bogus Hassan Peters Wyden CRAMER). Are there any other Senators ‘‘immediate’’ threat from Iran, despite NAYS—49 in the Chamber desiring to vote? the fact that most of the sales, like The result was announced—yeas 46, Alexander Ernst Risch these F–35s, would take years—years— Barrasso Fischer Roberts nays 50, as follows: to reach their intended recipients. Blackburn Gardner Romney [Rollcall Vote No. 261 Leg.] Blunt Graham Rubio So, colleagues, at the end of the day, Boozman Grassley YEAS—46 Sasse we must assert our congressional pre- Braun Hawley Scott (FL) rogative, not for the sake of preroga- Baldwin Heinrich Rosen Burr Hoeven Scott (SC) tive in and of itself but to safeguard Bennet Hirono Sanders Capito Hyde-Smith Shelby Cassidy Inhofe Blumenthal Jones Schatz Sinema the U.S. national security interests Collins Johnson Booker Kaine Schumer Sullivan that we are all collectively and individ- Brown King Cornyn Kennedy Shaheen Thune ually entrusted to do. Cantwell Klobuchar Smith Cotton Lankford Cramer Lee Tillis We must demand answers to the very Cardin Leahy Stabenow Crapo McConnell Toomey serious and very reasonable questions Carper Manchin Tester Casey Markey Cruz Moran Wicker Udall many have of this sale. Perhaps with Coons Menendez Daines Murkowski Young Van Hollen due diligence, we will find that this Cortez Masto Merkley Enzi Portman Warner sale will indeed bolster U.S. national Duckworth Murphy NOT VOTING—4 Durbin Murray Warren security, but right now, the truth is, Feinstein Paul Whitehouse Harris Perdue we do not have clarity on that most Gillibrand Peters Wyden Loeffler Rounds fundamental question. Hassan Reed The motion was rejected. Colleagues, do you really want a sale NAYS—50 The PRESIDING OFFICER. The ma- of this magnitude to go through with- Alexander Ernst Portman jority leader is recognized. out the appropriate vetting measures? Barrasso Fischer Risch f Voting against these resolutions Blackburn Gardner Roberts sends a message to the executive Blunt Graham Romney NATIONAL DEFENSE AUTHORIZA- branch—I don’t care who is sitting Boozman Grassley Rubio TION ACT FOR FISCAL YEAR Braun Hawley there; the present occupant, a future Sasse 2021—CONFERENCE REPORT Burr Hoeven Scott (FL) occupant—whoever is sitting in the Capito Hyde-Smith Scott (SC) Mr. MCCONNELL. Mr. President, I Cassidy Inhofe White House, that we are willing to Shelby ask that the Chair lay before the Sen- Collins Johnson Sinema give up our congressional responsibil- Cornyn Kelly ate the conference report to accom- Sullivan ities. It is hard to bring that back once Cotton Kennedy pany H.R. 6395. you let it go. It says that we will not Cramer Lankford Thune The PRESIDING OFFICER. The Tillis stop arms sales in the future that have Crapo Lee Chair lays before the Senate the con- Cruz McConnell Toomey not gone through the appropriate re- Daines Moran Wicker ference report to accompany H.R. 6395, view process. Enzi Murkowski Young which will be stated by title.

VerDate Sep 11 2014 04:11 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.046 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7318 CONGRESSIONAL RECORD — SENATE December 9, 2020 The legislative clerk read as follows: Mr. SCOTT of Florida. Mr. President, time to delay. We cannot lose sight of The committee of conference on the dis- I rise to speak again today about the the fact that Nicolas Maduro is killing agreeing votes of the two Houses on the crisis in Venezuela, a defining human his citizens. We need to take every ac- amendment of the Senate to the bill (H.R. rights issue of our time. tion we can to say to Maduro that the 6395), to authorize appropriations for fiscal Nicolas Maduro is starving his own United States will not stand and let year 2021 for military activities of the De- people, and innocent children are this continue. partment of Defense, for military construc- dying. It is a genocide right here in our Even though my bill was blocked tion, and for defense activities of the Depart- hemisphere. Every day that passes, the today, I will never stop fighting until ment of Energy, to prescribe military per- sonnel strengths for such fiscal year, and for situation in Venezuela grows more Venezuela and all of Latin America can other purposes, having met, have agreed that dire. begin a new day of freedom. the House recede from its disagreement to This weekend, the world watched as I yield the floor. the amendment of the Senate and agree to Maduro orchestrated a sham election. I suggest the absence of a quorum. the same with an amendment and the Senate No one was fooled by this pathetic at- The PRESIDING OFFICER. The agree to the same, signed by a majority of tempt. The appearance of democracy is clerk will call the roll. the conferees on the part of both Houses. not democracy. Maduro is a murderous The bill clerk proceeded to call the Thereupon, the Senate proceeded to dictator who doesn’t respect human roll. consider the conference report. rights or the will of his people. He Mr. WHITEHOUSE. Mr. President, I (The conference report is printed in must be stopped. ask unanimous consent that the order for the quorum call be rescinded. the House proceedings of the RECORD of The Trump administration has taken The PRESIDING OFFICER. Without December 3, 2020.) decisive action to hold Maduro ac- objection, it is so ordered. CLOTURE MOTION countable, sanction the Venezuelan re- gime, and cut off the funds Maduro CLIMATE CHANGE Mr. MCCONNELL. I send a cloture Mr. WHITEHOUSE. Mr. President, I motion to the desk for the conference uses to hold on to power. But the United States and all freedom-loving mentioned recently in one of these report. speeches that an identity-laundering The PRESIDING OFFICER. The clo- countries around the world must do more. group called Donors Trust decided to ture motion having been presented do a letter to the editor of my home under rule XXII, the Chair directs the As Governor, I strictly prohibited the State of Florida, including all State State paper asserting that they were clerk to read the motion. just as innocent as newborn lambs. The legislative clerk read as follows: agencies, from investing in any com- pany that did business with Maduro’s The Center for Media and Democracy CLOTURE MOTION repressive regime. has recently obtained the IRS form 990 We, the undersigned Senators, in accord- It is simple. Why would we ever use for calendar 2019 for this little lamb, ance with the provisions of rule XXII of the taxpayer money to support a regime Donors Trust, and it has some fas- Standing Rules of the Senate, do hereby that is killing its own people? cinating findings. move to bring to a close debate on the con- Donors Trust took in a total of $312 ference report to accompany H.R. 6395, an My bill, the Venezuelan Contracting Restriction Act, does the same thing million in donations in 2019—nearly a Act to authorize appropriations for fiscal third of a billion dollars—up from $198 year 2021 for military activities of the De- on the Federal level by prohibiting partment of Defense and for military con- Federal agencies from doing business million in 2018. Of that, more than two- struction, to prescribe military personnel with anyone who supports Maduro. thirds came from two huge donations— strengths for such fiscal year, and for other Last year, we included a targeted two—one for $150 million and another purposes. version of this measure in the NDAA for $69 million. Mitch McConnell, John Thune, Shelley Out of the $312 million they received, that prohibited the Department of De- Moore Capito, Thom Tillis, Roy Blunt, $219 million came in two donations, fense from doing business with anyone Cory Gardner, Roger F. Wicker, Mar- and both of the donations were anony- supporting Maduro’s regime. sha Blackburn, John Cornyn, Mike mous. Now, who makes anonymous do- Now it is time for us to be clear and Crapo, Pat Roberts, Cindy Hyde-Smith, nations of that size? Most people mak- Kevin Cramer, Richard Burr, James M. united in our support for the Ven- ing a donation that big want their Inhofe, Steve Daines, Deb Fischer. ezuelan people and prohibit every agen- name on the building at the university. cy in the Federal Government from The PRESIDING OFFICER. The Sen- What is going on? Who has that kind of doing anything that would support ator from Florida. money to give away and a desire to UNANIMOUS CONSENT REQUEST—S. 1151 Maduro and his genocide. Mr. President, I ask consent to ad- hide themselves? One wonders. Mr. SCOTT of Florida. Mr. President, Donors Trust gave out $162 million in I ask unanimous consent that the Sen- dress the Senate in Spanish. The PRESIDING OFFICER. Without anonymized grants in 2019—mostly to ate proceed to the immediate consider- objection, it is so ordered. rightwing groups. This is up from $142.3 ation of Calendar No. 189, S. 1151. I fur- Mr. SCOTT of Florida. (English million in 2018. I should actually prob- ther ask that the committee-reported translation of the statement made in ably not say that Donors Trust gave substitute amendment be agreed to; Spanish is as follows:) them out but, rather, that they trans- that the bill, as amended, be considered I stand with the people of Venezuela mitted the funds for the anonymous read a third time and passed; and that and will always fight for freedom and donors because a donor can tell Donors the motion to reconsider be considered democracy in Latin America. Trust where the money is to go. Donors made and laid upon the table. Mr. President, what I have proposed Trust then provides the expedient serv- The PRESIDING OFFICER. Is there is a simple action we can take as ice of hiding the donor’s identity. objection? Americans to help end Maduro’s geno- So where did this anonymous money The Senator from Connecticut. cide. go? Well, grants of interest include $7 Mr. MURPHY. Mr. President, reserv- I am completely disappointed with million to the Federalist Society—1 ing the right to object, this is a sub- my Democratic colleague’s objection year, $7 million—up from last year’s stantial proposal, one that merits full to my request today. This bipartisan $5.9 million. Yes, this is the same Fed- consideration on the floor of the Sen- proposal cleared the Homeland Secu- eralist Society that has selected judges ate with the opportunity to debate and rity and Government Affairs Com- and Justices for the Trump administra- amend to understand how many gov- mittee with unanimous consent. tion. ernment agencies would be affected, to I am eager to resolve my colleague’s Is it not obvious that big special in- understand whether it merits a sunset concerns quickly, and I hope that he terests might buy their way to the date, to understand what the effects and the other Senator who objected be- Federalist Society judicial selection would be, not just on the regime of fore will work with me to get this table with big, anonymous donations? Venezuela but the people of Venezuela, done. Unfortunately, they have not When you farm out to secretive private and for that reason I will object. been willing to meet with me to fix organizations the power to select Su- The PRESIDING OFFICER. Objec- this and to get this done. preme Court Justices and the secretive tion is heard. I am not giving up and plan to bring organizations take big, anonymous do- The Senator from Florida. this up again and again. We don’t have nations, what else are you to expect?

VerDate Sep 11 2014 04:11 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.048 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7319 It would be interesting to know who national climate denial organizations. ment’ of wealthy donors.’’ Sweet in- paid for a voice in selecting Supreme These include the Heartland Institute, deed. Court Justices, and it would be inter- notorious for comparing climate sci- So when we look at this Charles Koch esting to know what business they may entists to the Unabomber and sending Foundation, we are looking at some- have before the Court. But all of that is 200,000 fake, climate-denying textbooks thing interlinked with Donors Trust, shrouded in secrecy and anonymity. It to school teachers around the country. and sure enough, there is also overlap would be logical to assume that $7 mil- On this graphic prepared by a re- in where the money goes. lion bought a seat or two at that table; searcher into the climate denial enter- In 2019, this Koch Foundation gave we just don’t know for whom or what prise, Donors Trust is front and center, out $141 million, up from $127 million their interests were. right here, right in the middle of the in 2018. For the State-level climate de- Relatedly, Donors Trust transmitted web, and that Heartland Institute is nial State Policy Network we talked $10.5 million to something called the 85 right here, part of the network. about, it gave $2.5 million across 13 so- Fund, a Leonard Leo shell group for- The other organization that it funded called think tanks, and it gave nearly merly known as Judicial Education is the Competitive Enterprise Insti- half a million dollars to that same Project. Who is Leonard Leo? Leonard tute, which planted noted climate de- ALEC—American Legislative Exchange Leo ran the Justice-picking, Court- nier Myron Ebell to lead the Trump Council—we talked about. packing scheme for the Federalist So- transition at EPA and usher in the dis- Other Koch grants of note include ciety for years until an expose by the graced Scott Pruitt as Administrator. over $22 million to George Mason Uni- Washington Post made it prudent for On a personal note, I should thank versity, whose role as a hothouse for the operation to bring in a new face Donors Trust for transmitting $769,000 developing deregulatory and climate named Carrie Severino. It is a little bit from some anonymous donor or donors denial theories is well documented in like replacing a burned agent in a cov- to a dark-money opposition research Nancy Maclean’s terrific book, ‘‘De- ert operation with a new agent. group called Capital Research Center, mocracy in Chains.’’ This $22 million The logical conclusion is that this $10 which has as one of its tasks to feed continues a relationship that helped million is also related to packing the misinformation about me to rightwing put Koch operative Neomi Rao from courts with special interest-chosen media outlets. I think that is my re- George Mason into the Trump White judges and Justices, and if so, that ward for calling out this whole crooked House and then onto the DC Circuit brings the total for that project to over dark-money operation. And wouldn’t Court of Appeals to do the Koch oper- $17 million, counting the Federalist So- you know—they send out a dark-money ation’s business from behind robes. ciety money—$17 million in 1 year just group to defend their dark-money oper- Remember those special interest through Donors Trust. ation. I appreciate the attention and front groups that tee up legal cases for Of course, once you have packed the the irony. the judges and Justices who have been Court with agreeable Justices, you Others in the Donors Trust dark- ushered onto the courts? The Koch need to tee up agreeable cases for money creep show include $4 million to Foundation turns up there too. The them. And guess what. Donors Trust Project Veritas, which cooked up de- Koch Foundation has spread $6.2 mil- also transmitted $2.7 million to advo- ceptive sting videos in Minnesota and lion around 10 separate amici curiae— cacy groups that bring those cases, in- other States to feed the false election friends of court, so-called—that showed cluding the groups that presented to fraud narrative of Donald Trump and up in a case called Americans for Pros- the Supreme Court Janus, the anti- the far right, and also $1.5 million to a perity v. Becerra. And what do you labor case, and Shelby County, the beauty called VDARE Foundation, know? Yes, Americans for Prosperity is anti-voting rights case. These are just whose website is a vector for anti-Sem- that Koch political operation’s main two of the more infamous of the 80 5- itism, xenophobia, and White nation- front group—such a small world. to-4 partisan decisions giving big wins alism. I can see why someone would Why would Koch political interests to Republican donor interests—just the want to hide giving a million dollars to want to fund amici in a case where a kind of interests that have the money that. Koch front group is already the plain- to push millions through Donors Trust Donors Trust has a tag-along entity tiff? Well, let’s look at that case. The and the motive to use Donors Trust to that sends a lot of money into the ‘‘Becerra’’ in Americans for Prosperity cover their tracks. same places—the Charles Koch Founda- Foundation v. Becerra is the California When this dark-money-funded enter- tion. In fact, it is a little hard to tell attorney general, a nominee for HHS prise is not busy at the task of packing where this Koch Foundation ends and Secretary now, I gather. The case is an the Court, it is busy propagating cli- where Donors Trust begins. abstruse technical challenge to how mate denial and obstruction. It has Donors Trust has provided signifi- the IRS shares tax information with been at that particular scheme for cant financial support to the Koch po- States. years. Climate denial and related polit- litical operation’s major front group Why this gathering of the Koch-fund- ical obstruction, packing the courts, through the Americans for Prosperity ed clan of front groups around this lit- and electing Republicans are the three Foundation, which is here on the tle technical case? Because the life- primary purposes of this dark-money graphic. It is like a reunion going blood of all this dirty operation is dark enterprise. through this research. And Donors money. Indeed, today, our Supreme To keep climate denial cooking, Do- Trust, in turn, has received financial Court is the Court that dark money nors Trust transmitted nearly $19 mil- support from the Charles G. Koch built. So the dark money operation lion to rightwing local so-called think Foundation. So money out to the Koch sees a chance to enshrine dark money tanks, collectively called the State political operation and in from the in the American Constitution. The Policy Network—a group that propa- Koch Foundation. I don’t know why dark money forces that built this gates climate denial and obstruction at the Koch Foundation couldn’t just Court want the Court to expand the the State government level—and to have given the money directly. First Amendment to protect anony- ALEC, the American Legislative Ex- It has been reported that the Koch mous, dark money political spending change Council, which drafts up right- network has provided Donors Trust by secretive billionaires and corporate wing and climate denial and obstruc- with most of its backbone, even to the interests. This is the case where they tion legislation for State legislators. point of being described as part of the intend to make their move. It is wait- This ALEC group is so reprehensible Koch network, and the Donors Trust ing in the Supreme Court right now. that even ExxonMobil withdrew its employees have extensive histories Who knows, maybe it has been waiting support for it—or maybe they just within the Koch network of political for Justice Barrett. laundered their support through Do- front groups. Lined up as amici curiae in this oth- nors Trust. We don’t know. The Center for Public Integrity re- erwise nondescript case, in the order of Not content with climate denial and ported this gem: ‘‘At a private Koch their Koch Foundation funding, are: obstruction at the State level, Donors fundraising meeting in the summer of the Cato Institute—I can’t read this Trust also transmitted $4.5 million in 2010, Donors Trust hosted cocktails and well enough to point them out, but anonymous money to eight different dessert for . . . a ‘target-rich environ- these are inhabitants of this graph as

VerDate Sep 11 2014 04:11 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.051 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7320 CONGRESSIONAL RECORD — SENATE December 9, 2020 well—$2.4 million from the Koch Foun- of opinion, I want to say a few things million people off of food stamps. That dation; Texas Public Policy Founda- about our President just to remind peo- is what happened, and that is why we tion, $1.5 million; Pacific Legal Foun- ple. They have forgotten what has hap- had the economy that we had. I hate to dation, $1 million; New Civil Liberties pened. Now, I know there are differing think of where we would be today if we Alliance, $1 million; Buckeye Institute, opinions on that, partisan opinions and had started with an average economy. $104,200; Independent Women’s Forum, all that. We started with the best economy we $100,000; Pacific Research Institute, Right now, my very close friend from had in my lifetime, and that was be- $100,000; Philanthropy Roundtable, the Democratic aisle and I are going cause of the President and the support $30,000; Institute for Justice, $12,584; to, hopefully, have a vote tomorrow he had from our party. and National Right to Work Legal De- that will take place, the Defense au- The second thing I hold up—now, fense Foundation, $8,156. When you thorization bill—the biggest bill of the keep in mind, I am from Oklahoma. We look at the kind of money that is being year, the most significant bill of the are an oil State. We renewed—during doled out, I think the Institute for Jus- year. Senator REED and I have an the Obama administration, there was a tice and the National Right to Work agreement on almost every element of war on fossil fuels. Fossil fuels are Legal Defense Foundation have some it. And we have both come to the con- coal, oil, and gas, and it was an effort cause to complain that they got treat- clusion that it is a tremendous bill. It to try to get it back into renewables. ed so poorly with such small donations is one you really can’t justify opposing. Someday we may have the develop- from such a big operation. A lot of things have been said that ment of renewables. They are not there The gathering of that clan is not the are not true, but I want to just men- now. In spite of what the previous only clue that something is up. Big tion a couple of things because this is speaker said, they are not there and players in the dark money racket, like a good time to do it. available now. So what this President the fossil fuel titan Marathon Petro- We have a President who has done did was he stopped the war on fossil leum and the massive climate things that just have never been done fuels. obstructer that calls itself the U.S. before in terms of accomplishments, As a result of that, we had—and this Chamber of Commerce, are already ob- positive accomplishments. I remember is in the first 2 years—a 277-percent jecting to requests for information 2 years ago, I wrote this little card be- growth in crude exports, 132-percent in- about their dark money operations by cause I was keeping track of all these crease in coal exports, and a 52-percent asserting that such a right exists. They goods things that have happened. I re- increase in natural gas exports. A lot are already asserting that such a right member showing it to the President at of that translated into the economy exists, while the dark money schemers that time. He read that, and he was that we were enjoying. are lining up in this case to make that very excited about the way that we had In terms of illegal immigration—I push to the Supreme Court. Wouldn’t it composed them. Keep in mind, this was know this became very controversial— be convenient if they helped build a 2 years ago. the wall. People didn’t like the idea of Court willing to agree with them and Look at these 10 things that this the wall. I can remember a conversa- establish this new right to dark money President has done: First of all, the big tion I had with Netanyahu when I was influence? tax cut that he had. By the way, when in Israel once, and he said he didn’t un- This whole dark money mess smells we look at the fact that he did such derstand how a modern State can have to high heaven. Why big donors feel great things for the economy—prior to borders that are not secured. He said: they have to hide? Why this com- the pandemic, we had the best economy You can’t do that. That doesn’t work. plicated network to play Whac-A-Mole we have had in my lifetime. The pan- Well, he has now gotten that done with different groups who can show up? demic changed all of that. But he did against a lot of opposition—we all Why the orchestration of Supreme this by looking back at history—and it know that—in Israel. Court briefs with groups that purport was not a Republican; it was a Demo- How many Presidents—every Presi- to be separate? Why the whole scheme? crat. It was President Kennedy who dent I can think of in my career here in It is a recipe for corruption. It prevents had the wisdom to say, when he was Washington has said we need to move citizens from understanding what is working on the Great Society pro- the U.S. Embassy in Israel to Jeru- going on in their own democracy. It grams that were going to cost so much salem, but they don’t do it. So this empowers the worst forces in politics. money: Well, we have to raise our rev- President just went ahead and did it. It is the mechanism through which cli- enue, and the best way to increase rev- He is a little abrupt—we understand mate denial has been effectuated, and enue is to decrease tax rates. So he de- that—but he got these things done. it is wrapping its tentacles more and creased tax rates. We all remember The WRDA bill—the Water Resources more tightly around our U.S. Supreme that. While it worked, unfortunately, Development Act—right now and, actu- Court. the President died before he could real- ally, the FAA reauthorization were And Donors Trust—that sweet little ly take advantage and enjoy the bene- both booming successes. They were his lamb—is at the center of the web fits of the work he had done by his tax efforts. dolling out hundreds of millions of dol- cuts. It has been tried since that time, And then the judges. I don’t know lars—some lamb. Donors Trust is a and it has worked. that it is a record, but in the period of wolf in lamb’s clothing or perhaps bet- But what this President did in addi- time, the 4 years that this President ter to say Donors Trust provides the tion to that, he didn’t have just tax has been in office, we have had about lamb’s clothing that cloaks the wolves cuts; he had regulation cuts. I call it 220 judges who have been confirmed. so that they can feed more voraciously the golden day of regulation relief, the These are all judges who have one and anonymously on America’s body best economy we have had in that pe- thing in common: They really believe politic. riod of time. They say that full em- in the Constitution. They are Constitu- I yield the floor. ployment is 4 percent unemployment, tionalists. In addition to that, he has The PRESIDING OFFICER. The Sen- when, in fact, we actually got down three of the U.S. Supreme Court Jus- ator from Oklahoma. below 3 percent. That was something tices. TRUMP ADMINISTRATION that has not been done in my memory, Then, on the repeal, if you talk to Mr. INHOFE. Mr. President, I was lis- and all these things happened and good anyone in business in America—this tening to the previous speaker from benefits came from that. was a couple of years ago—about the Rhode Island, and I figure it is time to There is a difference of opinion be- biggest problem they had was the clarify a few things that are said about tween Democrats and Republicans, and Dodd-Frank effort. That was the over- our President. we understand that. I have always felt regulation of business and industry. I know that right now a lot of people the best thing and indicator of success And so he relaxed those rules, and that are believing that we are going to have in the economy is to see how many created a lot of prosperity, a reason for a change; that we will have a Demo- people you get off of food stamps, and the economy that we have today, and cratic President. A lot of decisions are a lot of liberal friends say that they the record employment that he has being made, talk is being made. But to measure it by how many people get on given us of 157 million jobs. show you that there is a big difference food stamps. Nonetheless, we have 5 This is back 2 years ago.

VerDate Sep 11 2014 04:11 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.053 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7321 Now, I would say, if you single out knows that, as a loyal friend of ours, ing we can get this out so that people one thing—I don’t say this critically of we want to make sure that we do for will be aware of it. the Obama administration. We all have them what we should be doing for Now, back to the bill that we are different priorities, and I have consid- them. going to have. I know that my partner, ered President Obama to be a friend. During that timeframe he rescued 55 who is the ranking member on the However, his top priority was not a hostages in 24 countries. That is a big Armed Services Committee, is going to strong national defense. He had other deal. want to be heard concerning some of priorities. We all know that. So, anyway, all these things have the great things that we are going to As a result of that, if you will take been going on—and getting tough. I be doing in that bill. I will be doing the the last 5 years—that would have been know people are upset with his atti- same thing tomorrow morning. from the year 2010 to 2015—in the last 5 tude toward NATO. He believes in So this is a bill that we can all be years, he reduced the funding of the NATO, but he believes that the part- proud of. I have never seen it misrepre- military by 25 percent. It has never ners in NATO need to start carrying sented as much as this bill has been been done before. their fair share. And it worked. It in- misrepresented. But that is something that this creased their share by about $130 bil- With that, I am anxious to hear my President came in and immediately— lion. partner talking. and I chair the committee, so I was That is something that, when you I will yield the floor. The PRESIDING OFFICER. The Sen- very much involved in this. But we talk to real people—when you get out ator from Rhode Island. ended up with all these things that— of Washington and you talk to the peo- the lifting of that and putting it back ple on the street, they say: Why are we H.R. 6395 Mr. REED. Mr. President, I also want in the position that it should be. in NATO when they are not carrying Now, this is interesting because their end of it? Well, that is all chang- to thank the chairman for his extraor- somebody reminded me—John Bonsell ing. dinary leadership in getting us to this point. reminded me this morning. He said: Anyway, that is what this President For 59 years straight we have passed What you ought to do is get a list of has done. But there is one thing that is the National Defense Authorization happening that I think is maybe the these things that have happened since 2 Act, and I think, honestly, without the most significant thing that this Presi- years ago. So real quickly, just to say, chairman’s leadership we would have dent has accomplished. He came out identifying China as the No. 1 adver- failed this year. So he is owed a great with something. I don’t know who sary in the NDS—that is the National debt of gratitude by all of us and appre- thought of the words ‘‘Warp Speed’’ be- Defense System, which has worked ciation, particularly from the men and cause I have had a hard time remem- very successfully. That is a program women of the military. that is put together by six Republicans bering that. I have to write it down be- Let me speak a bit about this year’s and six Democrats, all experts in the cause I forget it. bill: the William M. (Mac) Thornberry field. But he came out with something National Defense Authorization Act for I talked about national defense, and where—General Perna is a real expert Fiscal Year 2021. he stuck with that and has identified and has been monitoring what is going We reached a conference committee China for the problems that they are on and getting the medical equipment report which was fair and bipartisan. giving us right now. necessary to defeat this thing that we In fact, I think the best testimony of He had new investments in the fu- have been under now for almost a year. that was the vote last evening by the ture. Hypersonics is a good example. And he said—keep in mind, this is back House of Representatives—335 to 78, After the last administration, China in June. In June, he said, by year-end— with 1 Member voting present. That is, and Russia both surged ahead of us in by December, maybe as early as No- by definition, bipartisan, substantive, the research on hypersonics. That is vember, but by December we are going overwhelmingly supported by both one of the most recent developments of to have the decision made and have a sides as a fair—not only fair but ex- modern equipment. That has worked, way to stop the pandemic that has traordinarily beneficial piece of legis- and we are not quite there yet, but we been plaguing us for so long. lation for the country. are catching up in the cyber world. He We had a hearing—and the Presiding You don’t get that vote on something is advancing it in that area. Officer knows this because he was in that is partisan and narrowly defined Then as far as the terrorist leaders attendance at that hearing—and we and divisive. This bill is bipartisan. Baghdadi and Soleimani, both of them looked at the things that General Again, Exhibit A: the vote last night in were considered to be the worst terror- Perna was coming up with that showed the House of Representatives. ists on the planet, and he has taken us conclusively that we were going to We have passed it for 59 years. There both of them out. have a vaccine that was going to work should be no exception this year. This He established the Space Force. The by year-end and then it would take is the 60th. And I hope we complete Space Force is something that we real- about 3 months after that to get the that and I expect we will complete that ly needed to do not because so much distribution going. tomorrow. that we were behind in anything but So we are talking about having this And, indeed, this whole effort, like the fact that our competition—Russia thing over by April. Now, the inter- everything else in this country, has and China—were in their particular esting thing—that happened in June, been twisted and exacerbated by the space forces, and we wanted to make yet that is still, today—we are right on COVID virus. We have to deal with sure everybody knew and our partners schedule for that to happen. that, but we recognize that, despite all knew that we were right there with My fellow Senator from Oklahoma, the complications, despite all of the them. JAMES LANKFORD, gave a speech yester- issues that come before us, one of our Then, of course, he eliminated the day. It was fascinating. He took a long most important constitutional duties widow’s tax. We remember that. time to do it, but he went into all the is to provide for the security of this And the Abraham accords—this is indicators that were out there, and you Nation and provide for the men and really interesting. We have Arab coun- come to the conclusion that this women who wear the uniform of the tries right now that are working close- plague is going to be over and we are United States. This bill does that. ly with Israel. This hasn’t happened be- going to be able to get back to normal. This important bipartisan legislation fore. The UAE is right now working And that will be certainly good. enhances our national security, with them. And the Israelis didn’t have So I just want to mention that those strengthens military readiness and de- to give up anything, so that is a major things are happening, and those things fense capabilities, protects our forces advancement that we are enjoying. are things that were on behalf of our and their families, and it supports the Then, of course, one of the issues we President. There are, out there, a lot of defense industrial base. are working on right now is on the people—I have never seen the media This bill authorizes the active and re- arms sales. We feel that we need to be turn against someone like they have serve component end strength nec- selling arms to our allies, and we want our President. So people don’t even essary to meet national defense objec- to make sure that the whole world know these good things, but I am hop- tives, provides a 3-percent across-the-

VerDate Sep 11 2014 04:11 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.057 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7322 CONGRESSIONAL RECORD — SENATE December 9, 2020 board pay raise for the troops, and au- rounding the bill this year, and that is To reduce barriers and encourage vic- thorizes a number of bonus, special, the conference agreement inclusion of tims of sexual assault to report that and incentive pay authorities nec- the Senate provision renaming mili- they were assaulted, the conference re- essary to retain and recruit the highest tary installations that are named after port requires the Secretary of Defense quality individuals for military serv- Confederate leaders. to establish a safe-to-report policy that ice. This provision establishes a commis- would allow victims to report sexual The conference report, as I indicated, sion to make recommendations for the assault without being punished for passed by an overwhelming margin in renaming or removal of names, sym- minor misconduct related to the as- the House, and I hope and believe we bols, displays, monuments, and para- sault. will have that same outcome tomorrow phernalia that honor or commemorate We are also concerned about the in the Senate. the Confederacy or any person who issue of domestic violence affecting our Despite everything in this bill to sup- served voluntarily with the Confed- military families. The conference re- port our forces and bolster our national eracy. The provision also requires the port requires the Defense Department security, there have been threats to Secretary of Defense to rename and to contract with a private sector inde- veto the bill by the President. That is implement the commission’s plan with- pendent entity to assess the Depart- his prerogative as President of the in 3 years of enactment. ment’s domestic violence program and United States, but our responsibility Now, I know the President recalls to recommend improvements to en- and our prerogative is to pass legisla- this, but this passed our committee by hance the prevention of and response tion which is sound, we hope bipar- voice vote with one, I recall, objection to domestic violence in the military. tisan, and serves the needs of the Na- by the Senator from Missouri. It came Let me turn to the requirements of tion and, particularly in this case, the to the floor, and there were some at- specific military services. The con- troops. And I believe we have done tempts to make changes, but changes ference report supports a number of that. were not made. The bill passed over- programs necessary for modernization, There has been some discussion by whelmingly for—I believe over 80 including robust funding for the the President of a repeal of section 230 votes—including the precise language Army’s Future Vertical Lift Program of the Communications Decency Act of that is in this conference report. and long-range precision fires. 1996. Obviously that is not in our juris- So we went from committee to the For the Navy and Marine Corps, the diction. It is a complicated issue. To floor, to the conference with the same bill would add roughly $3 billion to au- simply, at the end of this process, stick language that was not objected to sig- thorize a number of unfunded priorities it in does a great disservice to the com- nificantly by anyone. I think that identified by the Chief of Naval Oper- mittees of jurisdiction, as well as to should be pointed out. ations and the Commandant, including the complexities involved in taking The senior Department officials at funding for the CNO’s top unfunded pri- away a major factor in the operation of the Department of Defense are all open ority, the 10th Virginia-class submarine social media companies all across this to changing these names. There is bi- in the current multiyear procurement country. partisan support and cooperation on program. It also mandates changes in So, once again, I think it was wise to this issue, and I think it will be some- the oversight and execution of ship- resist trying to insert a repeal of sec- thing that will be implemented and building and unmanned systems devel- tion 230 into the bill. Indeed, our na- will be appropriately implemented. opment programs—changes that should tional security and our troops should The conference agreement also in- help instill more rigor and discipline not be held, in a sense, hostage to a cludes a number of provisions aimed at within the Navy’s efforts. very specific business concern, and our increasing diversity and inclusion With respect to the Air Force, the legislation does not do that. within the Department of Defense and bill helps improve oversight of the De- As I mentioned a moment ago, the military services, including the cre- partment by requiring the Secretary of crisis affecting every citizen is an ex- ation of a Chief Diversity Officer with- Defense to submit an annual 30-year ponential spread of the COVID–19 virus, in the Department and the inclusion of plan for the procurement of aircraft and our military is not immune. As of programs at the Department to re- across the services—all the services— last Wednesday, more than 31,000 mili- spond to White supremacist, extremist, which is similar to the 30-year ship- tary personnel were infected. If you and criminal gang activity within the building report that is already in stat- add their families and Defense Depart- Armed Forces. ute. The bill also supports the Depart- ment civilians, the number is over I say with some sense of remorse and ment’s efforts to achieve reduced oper- 48,000. These infections undermine our regret that, unfortunately, there are ating and support costs of the F–35 pro- readiness, including the ability to train some—I don’t think significant num- gram. and to deploy safely. bers but some of these individuals. We Turning to science and technology, I To respond to this health crisis— have to respond to them, and we are re- am pleased that the bill increases fund- again, the most serious crisis we have sponding to them. ing for important research activity faced in 100 years, with respect to the The conference report also includes such as artificial intelligence and pandemic—the conference agreement the Elijah Cummings Anti-Discrimina- quantum computing. It also includes requires the Department to develop a tion Act of 2020, which expands and en- several provisions that strengthen our strategy for pandemic preparedness hances anti-discrimination employee domestic manufacturing and industrial and response, maintain a 30-day supply protections for Federal workers. base, including in critical sectors such of personal protective equipment, and Also, the conference agreement as microelectronics, pharmaceuticals, to have the capability to resupply such strengthens the Department’s civilian and rare earth materials. equipment rapidly and review the Mili- workforce by including technical fixes The conference report adopts a large tary Health System’s response to and improvements to the Paid Parental number of recommendations from the COVID–19. Leave Program authorized in last Cyberspace Solarium Commission, The conference agreement also re- year’s Defense bill. which was cochaired by Senator KING. I quires the creation of a registry of As the Presiding Officer recalls, last must applaud him for his extraordinary TRICARE beneficiaries diagnosed with year was a major breakthrough, giving work. They did remarkable work, Sen- COVID–19 and provides transitional Federal employees the incentive of ator KING and his colleagues in the health benefits for National Guard paid parental leave. It has been ex- Senate and the House of Representa- members and their families. tremely well received. Now we have tives. I can’t think of a more timely and made sure that no one has been left The conference report establishes the necessary provision than this provision out. National Cyber Director position with- in our legislation, which addresses this We are all, I believe, disappointed in the Executive Office of the President pandemic that faces us today. that, as we look at the record of all the to provide national leadership for cyber Now, there has been one very high services dealing with sexual assault in security, which cuts across many dif- profile—there are several high profile the military, they have not made the ferent agencies and jurisdictions. This but one high profile issue that is sur- progress I think we all deem necessary. is one of the key recommendations, but

VerDate Sep 11 2014 04:11 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.058 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7323 we have many more recommendations Taliban is in compliance with the com- this work, our staff is extraordinary. included in the report. mitments made on February 29, 2020, John Bonsell and Liz King—the staff As we turn and look at the world out- and to address current and projected directors—did superb work. Let me rec- side of the United States, particularly threats to the homeland emanating ognize my staff, my Democratic staff: with regard to Russia and Europe, the from Afghanistan. Jody Bennett, Carolyn Chuhta, Jon conference report enhances our ability The key commitment is that we Clark, Jonathan Epstein, Jorie Feld- to deter Russian aggression, maintains would be able to maintain a counter- man, Creighton Greene, Ozge Guzelsu, strong support for Ukraine, and reaf- terrorism presence that would be ade- Gary Leeling, Maggie McNamara Coo- firms our commitment to the Trans- quate and sufficient to suppress any per, Kirk McConnell, Bill Monahan, atlantic Partnership by calling for a threat emanating from Afghanistan, Mike Noblet, John Quirk, Arun strong U.S. force posture and capabili- and that has to be confirmed. We are Seraphin, Fiona Tomlin, and last but ties in Germany. still waiting for that confirmation. not least, Elizabeth King. The conference report also expands I am also pleased the conference Again, this Fiscal Year 2021 National sanctions on entities engaged in the agreement includes several provisions, Defense Authorization Act conference construction of the Nord Stream 2 collectively known as the United report is the culmination of months of Pipeline and a requirement to impose States-Israel Security Assistance Act, hard work. It is a good bill. I would sanctions under the Countering Amer- to extend foreign assistance, coopera- say, in fact, it is one of the best bills ica’s Adversaries Through Sanctions tive development programs, and other that we have had in many, many years, Act, CAASTSA, on Turkey for its pur- support to Israel. These provisions and it will provide for our national se- chase of the Russian S–400 air defense demonstrate our unwavering commit- curity and our men and women in uni- system. ment to Israel. form and their families. I urge my col- Turning to China, our other major Turning to our nuclear triad, the leagues to support it. adversary—and as the chairman point- conference report authorized the Presi- I yield the floor. ed out the two major features in the dent’s request to continue the mod- I suggest the absence of a quorum. new national defense strategy authored ernization of our nuclear deterrent, The PRESIDING OFFICER. The under the guidance and direction of which is quickly nearing the end of its clerk will call the roll. President Trump—turning to China, use life, and the President recognizes The senior assistant legislative clerk the bill established the Pacific Deter- that very precisely. The conference re- proceeded to call the roll. rence Initiative, a new authority for port will also ensure the continuation Mr. INHOFE. Mr. President, I ask the Department of Defense modeled of much needed modernization efforts unanimous consent that the order for after the European Deterrence Initia- to continue to rebuild our aging Na- the quorum call be rescinded. tive, and authorizes an additional $150 tional Nuclear Security Administra- The PRESIDING OFFICER. Without million in funding. And I give great tion infrastructure. The conference re- objection, it is so ordered. credit to the chairman because it was port does not support additional test- Mr. INHOFE. Let me first of all say his idea, and he asked me to partici- ing, as the directors of our weapons that my colleague, ranking member of pate with him. But it is a great rec- labs have assured us and certified that the Armed Services Committee, Sen- ognition of the world as it is today— it is not necessary at this time. ator REED, is absolutely right. I think China in an adversarial position—and The bill before the Senate is bipar- about the people that he was praising, we responded to it. tisan, with strong support in Congress. the staff people. I believe this is one of our strongest This bill is critical to our national se- You don’t very often hear people bills yet on countering the threat that curity, but more importantly, it pro- back in the real world really appre- China poses to the United States and vides the resources our troops need in ciating the time and effort that comes our partners and allies, including order to do their job and return home from the staff. In this case, the two in- India, Taiwan, and other countries in safely to their loved ones. Any discus- dividuals that Senator REED talked the region. sion of vetoing this bill undermines the about, John Bonsell, Liz King—I don’t With respect to countering the con- commitment, I believe, that we have remember one weekend that they have tinued threat posed by ISIS, the con- made to our servicemembers and had off during this whole thing. ference report extends the Iraq and should be off the table. Vetoing this They are just workaholics. They Syria train-and-equip programs at the bill would send the wrong signal to our know how significant this is. They requested funding level, while ensuring forces, our allies, and our adversaries know we had a defense authorization appropriate congressional oversight of at exactly the wrong time. It is not bill for the last 60 years, and the worst the use of such funds. necessary, and it should be avoided. thing we could do to our kids in the Specific to Iraq, the conference re- Let me close in the way that I began. field who are risking their lives is not port continues efforts to normalize se- Let me commend Senator INHOFE. He send them the resources necessary that curity assistance to Iraq by has worked this bill tirelessly, and I are in this bill to defend America. transitioning funding to enduring au- believe he has been fair and trans- f thorities and not other temporary au- parent throughout the process. As I thorities we have been using over the said before, the reason we have this bill MORNING BUSINESS last several years—many years, frank- for the 60th year—assuming our vote is ly. strong tomorrow—is because of the STOP THE WAIT ACT For Afghanistan, the bill extends the chairman and several others, but it is authority to train and equip Afghan se- the chairman principally. Mr. CASEY. Mr. President, today I curity forces and enhances congres- I would also like to take a moment rise to discuss the dangerous practice sional oversight. It requires an assess- to commend MAC THORNBERRY. The bill we have in this country that forces ment of the progress made on such is named after Mac. He is an extraor- people with disabilities to wait for ben- issues as anti-corruption, recruitment dinary gentleman. I had the privilege efits and healthcare coverage. I would and retention of security forces, and of serving with him for 2 years in the first, however, like to congratulate my commitments made by the Afghan House of Representatives. He is an in- colleague, the senior Senator from Government in support of intra-Afghan dividual whose wise counsel, whose in- Rhode Island, for his diligence and per- negotiations. It also includes a restric- tegrity, whose decency, and whose sistence in working to eliminate the 5- tion on funding to reduce U.S. forces in dedication to the men and women of month waiting period for those who Afghanistan until the administration the armed services is unparalleled. He have amyotrophic lateral sclerosis, submits an assessment of the impact of is an extraordinary gentleman. I can’t known as ALS. His perseverance is ad- such actions on U.S. interests. think of a more fitting tribute and a mirable, and I congratulate him for In addition, the bill includes a provi- more apt tribute than naming this bill eliminating this misguided policy for sion to enhance congressional over- after MAC THORNBERRY. people with ALS. sight of the administration’s negotia- I have to conclude by saying that de- My hope is we can expand this vic- tions with the Taliban to ensure the spite the appearance we have done all tory to eliminate the waiting periods

VerDate Sep 11 2014 04:11 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.059 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7324 CONGRESSIONAL RECORD — SENATE December 9, 2020 for Social Security Disability Insur- ago. The PAID Act aims to ensure that the settling parties so that they have ance benefits and Medicare coverage to the Centers for Medicare & Medicaid the ability to coordinate with Part C all eligible Americans. Services, CMS, in coordinating claims and Part D plans earlier, if they so Forcing Americans to wait 5 months related to Medicare Advantage MA, or choose. to begin cash benefits and then another Medicare Part D plans, can provide the Congress has afforded CMS 12 months 24 months for Medicare coverage is a information needed for settling parties to implement this law, and we urge the dangerous policy. In many cases, appli- to resolve claims-fairly and efficiently. agency to move with all deliberate cants have little or no income while In short, this bill is a boon for sen- speed to both implement its own sys- they are waiting for government bene- iors, Main Street job creators, and the tem changes and coordinate with pri- fits to begin. We should not be forcing American taxpayer. mary plans throughout the implemen- someone with stage-4 breast cancer or As this bill approaches the legislative tation process. Regular communication Huntington’s Disease or any of the dis- finish line, I would like to thank Chair- and coordination will prove critical in abilities or diseases that qualify a per- man GRASSLEY for his invaluable sup- ensuring that Primary Plans are aware son for Social Security Disability In- port in working with my office, as well of the data exchange requirements that surance to wait to receive benefits. as with our Democratic counterparts CMS plans to implement and are pre- Those who have been determined eligi- and with CMS, to bolster, refine, and pared as quickly as possible to utilize ble are American workers who have identify legislative avenues for our the data CMS will be providing under paid into the Social Security system proposal. I would also like to thank this law. By involving all stakeholders throughout their lives. We have an ob- Senator CARDIN for his partnership in throughout the implementation proc- ligation to assist Americans in their co-leading this legislation, along with ess, CMS can implement our intent time of need in a timely manner. When Representatives KIND and BILIRAKIS, that the needed plan identity informa- a person receives a diagnosis, bills do who introduced a companion bill in the tion be available for parties to coordi- not wait 5 months to be paid, House, which passed by voice vote yes- nate benefits as efficiently as possible. terday. Together, I feel confident that healthcare costs are not put on hold for f 2 years. Their rent, their utilities, we can see the PAID Act signed into their healthcare copayments come due law by the end of the year. ADDITIONAL STATEMENTS immediately. Therefore, the benefits Congress amended the MSP statute in 2007 to require parties to a dispute— these American workers have paid for RECOGNIZING BAYSHORE FIT through their Social Security contribu- known as primary plans—to report set- ∑ tions should be made available to them tlements, judgments, and awards to Mr. RUBIO. Mr. President, as chair- when they are found eligible. Medicare through so-called section 111 man of the Senate Committee on Small I would again like to congratulate reports. This amendment allowed Business and Entrepreneurship, each the senior Senator from Rhode Island. Medicare to-seek recovery from set- week I recognize a small business that His bill is an important step forward tling parties when Medicare paid for exemplifies the American entrepre- for people with ALS and for all people healthcare because other payment was neurial spirit at the heart of our coun- eligible for SSDI benefits. Let’s use not available or reasonably expected to try. It is my privilege to recognize a this moment to move forward and be available. While this system has family-owned small business that pro- make comprehensive change to the functioned well for the Medicare Fee- motes American health and wellness by way we administer SSDI benefits to all for-Service program, where CMS has operating a gym and fitness business. eligible Americans with disabilities. the claims data needed for recovery, it This week, it is my pleasure to recog- Every eligible applicant continues to has not worked successfully for the MA nize Bayshore Fit of Tampa, FL, as the have essential expenses and needs the Part C and Part D programs, where Senate Small Business of the Week. cash benefits and healthcare coverage CMS does not have the requisite Part C In 2012, partners Jeff Fink and Beth provided by Medicare. and Part D claims data and cannot re- Scanlan founded Bayshore Fit in My bill, S. 2496, the Stop the Wait cover for payments that have been Tampa, FL. Both Jeff and Beth had Act, would eliminate the waiting peri- made. To compound the problem, set- years of experience training for mara- ods for those eligible for SSDI benefits, tling parties are often unable to iden- thons, bodybuilding, and fitness com- regardless of diagnosis. It would elimi- tify the correct Part C or Part D plan petitions. Together, they created a nate the 5-month waiting period for to be able to coordinate benefits, gym that met the demand for a person- SSDI benefits, and it would eliminate should they choose to do so. This legis- alized alternative to large national the 24-month waiting period for Medi- lation closes that critical information gym chains. Jeff and Beth focused on care coverage. It would help keep peo- by having CMS communicate the Part helping every customer meet their ple from slipping in to poverty and C and Part D plan identification to set- health goals, developing a family- would ensure they have healthcare cov- tling parties in response to a section friendly, relationship-driven business. erage. 111 report. CMS has that data and can As their client base grew, they quickly Today, let’s celebrate the policy vic- provide it. moved their gym into a larger facility. tory and the great work Senator Congress recognizes that for the last Today, Bayshore Fit continues to WHITEHOUSE has accomplished to im- 8 years, CMS has provided section 111 serve the Tampa area, with members prove the lives of Americans with ALS. reports to the Part C and Part D Plans, ranging from first-time gym attendees Tomorrow and for the days to come, and Congress expects that CMS will to senior citizens and even professional let’s work to secure that victory for all continue to do so after this legislation athletes. The gym has been featured in Americans who are eligible for SSDI. is enacted. Further, the existing MSP local media, recognizing their signifi- They cannot wait. statute and regulations impose specific cant membership growth and continued f requirements on CMS, and on Part C emphasis on personalized programs. and Part D plans, to pay for claims in Bayshore Fit’s emphasis on healthy PAID ACT some situations, to not pay for claims living extends to their philanthropic Mr. SCOTT of South Carolina. Mr. in other situations, and to pursue re- endeavors. They are involved with the President, yesterday, the Provide Ac- covery of claims when appropriate. South Tampa Chamber of Commerce curate Information Directly, PAID Act Nothing in this legislation is intended and the Westshore Alliance in Tampa’s took a pivotal step closer to becoming to change any of those obligations or Westshore business district. For more law. Once enacted, this vital legisla- requirements, and Congress expects than 8 years, Bayshore Fit has spon- tion, which I had the privilege of co- Part C and Part D plans to continue to sored local youth sports teams. They authoring with Senator Cardin, will seek recovery of claims by timely noti- regularly support local nonprofit orga- save tens of millions of taxpayer dol- fying settling parties when a payment nizations, including Frameworks of lars through targeted and common- has been made that should be reim- Tampa Bay, Inc., which fosters youth sense updates to the Medicare sec- bursed, consistent with the CMS notice social and emotional development. ondary payer, MSP, statute, which procedures. This legislation is only in- Like many of Florida’s small busi- Congress first codified four decades tended to provide more information to nesses, Bayshore Fit temporarily

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.056 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7325 closed its doors due to the coronavirus thing truly transformative: Through also brought great energy and innova- pandemic. In April 2020, the U.S. Small shared equity, it gave low-income peo- tion to this work, and her bold think- Business Administration launched the ple access to homeownership that was ing—one of the qualities that made her Paycheck Protection Program, a small never possible before. Because the land indispensable in my municipal admin- business relief program that I was trust remains affordable in perpetuity, istration—will also be sorely missed. I proud to author. The PPP provides for- the homes are still affordable today count Brenda among my closest allies givable loans to impacted small busi- and will remain so long into the future. in affordable housing, and I have great- nesses and nonprofits who maintain From her role at CEDO, Brenda went ly appreciated working alongside her their payroll during the COVID–19 pan- on to play a pivotal role in the Cham- for nearly four decades. She has been a demic. plain Housing Trust’s growth and suc- tremendous colleague and friend. I Jeff and Beth used their PPP loan to cess. She served as the first board wish her all the best in her well-de- keep their business operating until president and, in 1991, became the exec- served retirement.∑ Florida allowed gyms to reopen. utive director. Nearly 30 years later, f Bayshore Fit pivoted to provide virtual the Champlain Housing Trust is the MESSAGES FROM THE HOUSE classes and video training sessions. world’s largest community land trust, When they reopened, Bayshore Fit de- with 2,600 affordable homes, including At 12:15 p.m., a message from the veloped an outdoor workout facility. 566 designated for shared equity owner- House of Representatives, delivered by They also introduced a Bayshore Fit ship; more than 6,000 members; and Mrs. Cole, one of its reading clerks, an- app to manage workout class schedules nearly $300 million in assets. The nounced that the House has passed the and the number of people allowed to Champlain Housing Trust has not only following bills, without amendment: enter the gym. benefited Burlington area residents and S. 134. An act to amend title 18, United Bayshore Fit exemplifies the unique Vermonters. Brenda has used her tal- States Code, with regard to stalking. ent and dedication to assist countless S. 578. An act to amend title II of the So- role of relationship-driven small busi- cial Security Act to eliminate the five- nesses in building communities. I com- communities around the country inter- month waiting period for disability insur- mend their support to youth athletics ested in starting their own programs, ance benefits under such title for individuals programs and promoting public health. making the work of the trust a na- with amyotrophic lateral sclerosis. Congratulations to Jeff, Beth, and tional and international model, now es- S. 1014. An act to establish the Route 66 the entire team at Bayshore Fit. I look tablished in it at least 23 States and 8 Centennial Commission, and for other pur- countries. Additionally, as an active poses. forward to watching your continued S. 2258. An act to provide anti-retaliation growth and success.∑ member of the Neighborworks Alliance protections for antitrust whistleblowers. f of Vermont, Brenda partnered with S. 2904. An act to direct the Director of the other housing organizations to assist National Science Foundation to support re- TRIBUTE TO BRENDA TORPY Vermonters all across our State. search on the outputs that may be generated ∑ Mr. SANDERS. Mr. President, I rise I am extremely pleased to see com- by generative adversarial networks, other- today to recognize Brenda Torpy, who munity land trusts serving people wise known as deepfakes, and other com- is retiring this month after decades of worldwide, and remain incredibly parable techniques that may be developed in the future, and for other purposes. service at Champlain Housing Trust. proud that the model was spearheaded S. 3703. An act to amend the Elder Abuse Brenda is not only a leader and ally in in my hometown of Burlington, VT. Prevention and Prosecution Act to improve the fight for affordable housing, she is While much work remains to achieve the prevention of elder abuse and exploi- a longtime friend. our shared goal of making affordable tation of individuals with Alzheimer’s dis- When I was elected mayor of Bur- housing a human right, I am enor- ease and related dementias. lington, VT, in 1981, I knew I had a mously grateful to Brenda for her ca- S. 4902. An act to designate the United States courthouse located at 351 South West unique opportunity to change the way reer-long dedication to achieving this Temple in Salt Lake City, Utah, as the things were done, and to serve working vision. With Brenda’s retirement at the ‘‘Orrin G. Hatch United States Courthouse’’. families and others who had been left end of this year, we will lose an excep- The message also announced that the behind by past administrations. My vi- tional leader in the housing commu- House has passed the following bills, in sion was for a municipal government nity, but I am confident that her con- which it requests the concurrence of that worked for every one and in- tributions will not be forgotten. The the Senate: creased fairness and equity so that all Champlain Housing Trust and its port- H.R. 631. An act for the relief of Arpita Burlington residents could get ahead. folio represent an impressive legacy, Kurdekar, Girish Kurdekar, and Vandana At the time, far too many residents but perhaps even more impressive is Kurdekar. were struggling to keep up with rising the enduring positive impact her work H.R. 683. An act to impose requirements on housing costs due to gentrification and has had on the countless lives changed the payment of compensation to professional development, and owning their own thanks to affordable housing. Because persons employed in voluntary cases com- home—a hallmark of the American of Brenda, older Vermonters on fixed menced under title III of the Puerto Rico Oversight Management and Economic Sta- dream—felt like an impossible goal. I incomes are able to stay in their bility Act (commonly known as wanted to change that. homes; New Americans and refugees ‘‘PROMESA’’). My vision for housing in Burlington can provide stability for their families H.R. 1375. An act to amend title XVIII of could never have become a reality as they adapted to a new culture and the Social Security Act to provide for trans- without Brenda and her work to estab- community; single parents can rely on parency of Medicare secondary payer report- lish a community land trust in a safe, consistent home in which to ing information, and for other purposes. Vermont. Brenda served as the city’s H.R. 2477. An act to amend title XVIII of raise their children; and young home- the Social Security Act to establish a sys- first housing director in the newly cre- owners can break the cycle of poverty tem to notify individuals approaching Medi- ated Community and Economic Devel- by purchasing an asset that will grow care eligibility, to simplify and modernize opment Office—CEDO—a role in which in value over time. Quite simply, the eligibility enrollment process, and for she demonstrated remarkable talent Vermont and Vermonters are better off other purposes. and dedication. It was Brenda and her today because of Brenda. H.R. 4225. An act for the relief of Maria Isa- colleagues who proposed the idea of a Becoming executive director of the bel Bueso Barrera, Alberto Bueso Mendoza, community land trust, which was a Trust the same year I arrived in Wash- Karla Maria Barrera De Bueso, and Ana Lucia Bueso Barrera. novel idea at the time. Thanks to their ington, it is no exaggeration to say H.R. 7146. An act for the relief of Victoria work with the Institute for Community Brenda lent her expertise to me gener- Galindo Lopez. Economics and their successful engage- ously throughout my time in Congress. H.R. 7572. An act for the relief of Median ment with the community, this innova- There was never an instance when my El-Moustrah. tive model for affordable housing came staff and I could not rely on Brenda to H.R. 8161. An act to authorize implementa- to the city of Burlington and was es- provide expert insights on the housing tion grants to community-based nonprofits to operate one-stop reentry centers. tablished as the Burlington Commu- challenges we still face, and to put a H.R. 8235. An act to provide for the mod- nity Land Trust, now the Champlain human face on what can seem like ab- ernization of electronic case management Housing Trust. The trust did some- stract and intractable problems. She systems, and for other purposes.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.055 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7326 CONGRESSIONAL RECORD — SENATE December 9, 2020 H.R. 8354. An act to establish the tion Limits for Derivatives’’ (RIN3038–AD99) loss to the Louisiana agriculture industry, Servicemembers and Veterans Initiative received in the Office of the President of the including a loss of one million eight hundred within the Civil Rights Division of the De- Senate on December 2, 2020; to the Com- thousand dollars to the livestock sector partment of Justice, and for other purposes. mittee on Agriculture, Nutrition, and For- alone; and The message further announced that estry. Whereas, an estimated one hundred one thousand poultry, one hundred thirty cattle, the House has passed the following bill, EC–6070. A communication from the Sec- retary of the Commodity Futures Trading and a dozen horses died as a direct result of with amendments, in which it requests Commission, transmitting, pursuant to law, the storm and the extreme health and insect the concurrence of the Senate: the report of a rule entitled ‘‘Swap Clearing conditions that followed; and S. 1811. An act to make technical correc- Requirement Exemptions’’ (RIN3038–AE33) Whereas, Louisiana was hit directly by tions to the America’s Water Infrastructure received in the Office of the President of the Hurricane Delta on October 9, 2020, causing Act of 2018, and for other purposes. Senate on December 2, 2020; to the Com- more catastrophic damage to many of the mittee on Agriculture, Nutrition, and For- same areas of the state as Hurricane Laura; At 4:54 p.m., a message from the estry. and House of Representatives, delivered by EC–6071. A communication from the Fed- Whereas, Hurricane Delta likely created eral Register Liaison Officer, Office of the numerous additional losses to the Louisiana Mrs. Cole, one of its reading clerks, an- agriculture industry, including livestock, nounced that the House has passed the Under Secretary of Defense for Acquisition and Sustainment, Department of Defense, the extent of which will only be known after following bill, in which it requests the transmitting, pursuant to law, the report of surveys and research of the industry can be concurrence of the Senate: a rule entitled ‘‘Assessing Contractor Imple- conducted; and H.R. 8900. An act making further con- mentation of Cybersecurity Requirements’’ Whereas, the 2014 Farm Bill authorized the tinuing appropriations for fiscal year 2021, (RIN0750–AJ81) received in the Office of the Livestock Indemnity Program, within the and for other purposes. President of the Senate on December 1, 2020; United States Department of Agriculture, to provide benefits to eligible livestock owners f to the Committee on Armed Services. EC–6072. A communication from the Direc- or contract growers for livestock deaths in MEASURES REFERRED tor of the Legal Processing Division, Inter- excess of normal mortality caused by eligi- ble loss conditions, including adverse weath- The following bills were read the first nal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the er, disease, and attacks; and and the second times by unanimous report of a rule entitled ‘‘Guidance Under Whereas, the United States Congress ne- consent, and referred as indicated: Section 529A: Qualified ABLE Programs’’ glected to fund the Livestock Indemnity H.R. 631. An act for the relief of Arpita ((RIN1545–BP10) (TD 9923)) received in the Of- Program properly, creating a situation Kurdekar, Girish Kurdekar, and Vandana fice of the President of the Senate on Decem- where Louisiana livestock producers are un- Kurdekar; to the Committee on the Judici- ber 2, 2020; to the Committee on Finance. able to utilize the program at a time when it ary. EC–6073. A communication from the Direc- is needed most to offset losses created by H.R. 683. An act to impose requirements on tor of the Legal Processing Division, Inter- Hurricane Laura and Hurricane Delta. the payment of compensation to professional nal Revenue Service, Department of the Therefore, be it Resolved, That the Legislature of Louisiana persons employed in voluntary cases com- Treasury, transmitting, pursuant to law, the does hereby memorialize the United States menced under title III of the Puerto Rico report of a rule entitled ‘‘Transparency in Congress and the Louisiana congressional Oversight Management and Economic Sta- Coverage’’ ((RIN1545–BP32) (TD 9916)) re- delegation to take such actions as are nec- bility Act (commonly known as ceived in the Office of the President of the essary to fully fund the Livestock Indemnity ‘‘PROMESA’’ ); to the Committee on Energy Senate on December 2, 2020; to the Com- Program in response to the negative impact and Natural Resources. mittee on Health, Education, Labor, and created by losses to the Louisiana livestock H.R. 1375. An act to amend title XVIII of Pensions. industry as a result of Hurricane Laura and the Social Security Act to provide for trans- EC–6074. A communication from the Sec- Hurricane Delta. Be it further parency of Medicare secondary payer report- retary of Labor, transmitting, pursuant to Resolved, That a copy of this Resolution be ing information, and for other purposes; to law, the Department’s Semiannual Report of transmitted to the presiding officers of the the Committee on Finance. the Inspector General for the period from Senate and the House of Representatives of H.R. 2477. An act to amend title XVIII of April 1, 2020 through September 30, 2020; to the Congress of the United States of America the Social Security Act to establish a sys- the Committee on Homeland Security and and to each member of the Louisiana con- tem to notify individuals approaching Medi- Governmental Affairs. gressional delegation. care eligibility, to simplify and modernize EC–6075. A communication from the Chair- the eligibility enrollment process, and for man of the Council of the District of Colum- POM–264. A concurrent resolution adopted other purposes; to the Committee on Fi- bia, transmitting, pursuant to law, a report by the Legislature of the State of Louisiana nance. on Council Resolution 23–350, ‘‘Sense of the urging the United States Congress to take H.R. 4225. An act for the relief of Maria Isa- Council Opposing Implementation of Public such actions as are necessary to pass a stim- bel Bueso Barrera, Alberto Bueso Mendoza, Charge Rule Resolution of 2020’’; to the Com- ulus plan that includes funds for unemploy- Karla Maria Barrera De Bueso, and Ana mittee on Homeland Security and Govern- ment, housing, local government, struggling Lucia Bueso Barrera; to the Committee on mental Affairs. businesses, education, and health care; to the Judiciary. f the Committee on Finance. H.R. 7146. An act for the relief of Victoria HOUSE CONCURRENT RESOLUTION NO. 30 Galindo Lopez; to the Committee on the Ju- PETITIONS AND MEMORIALS Whereas, since surging around the globe diciary. The following petitions and memo- H.R. 7572. An act for the relief of Median into a worldwide pandemic earlier this year, rials were laid before the Senate and the COVID–19 virus has taken an enormous El-Moustrah; to the Committee on the Judi- were referred or ordered to lie on the ciary. economic and human toll across countries H.R. 8161. An act to authorize implementa- table as indicated: and continents, crippling heretofore healthy tion grants to community-based nonprofits POM–263. A concurrent resolution adopted citizens and industries; and Whereas, to help states with costs for to operate one-stop reentry centers; to the by the Legislature of the State of Louisiana COVID–19 mitigation and response measures, Committee on the Judiciary. urging the United States Congress and the the United States Congress passed the H.R. 8235. An act to provide for the mod- Louisiana congressional delegation to take Coronavirus Aid, Relief, and Economic Secu- ernization of electronic case management such actions as are necessary to fully fund rity (CARES) Act; and systems, and for other purposes; to the Com- the Livestock Indemnity Program in re- Whereas, measures designed to protect the mittee on the Judiciary. sponse to the negative impact created by losses to the Louisiana livestock industry as health and safety of Louisiana’s populace f a result of Hurricane Laura and Hurricane from the COVID–19 virus have also had a negative impact on the economic fortunes of EXECUTIVE AND OTHER Delta; to the Committee on Agriculture, Nu- trition, and Forestry. many of those same citizens through lost or COMMUNICATIONS reduced income from closures, capacity re- HOUSE CONCURRENT RESOLUTION NO. 24 The following communications were strictions, and other public health measures; laid before the Senate, together with Whereas, Hurricane Laura made landfall and along the coast of Louisiana on August 27, Whereas, the cost of this highly infectious accompanying papers, reports, and doc- 2020, as a category four storm, becoming the pandemic to Louisiana businesses, citizens, uments, and were referred as indicated: strongest storm in Louisiana history and and local and state government continues to EC–6069. A communication from the Dep- causing an estimated ten billion dollars in rise; and uty Director of Legislative Affairs, Division damage from the southwestern to the north- Whereas, the unprecedented number of un- of Market Oversight, Commodity Futures ern part of the state; and employment insurance claims due to COVID– Trading Commission, transmitting, pursuant Whereas, Hurricane Laura created an esti- 19 has drained the state’s previously robust to law, the report of a rule entitled ‘‘Posi- mated one billion six hundred million dollar unemployment insurance trust fund; and

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.020 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7327 Whereas, local revenue collections have S. 4984. A bill to report data on COVID–19 By Mr. GRASSLEY (for himself, Ms. plummeted as economic activity has slowed, immigration detention facilities and local HASSAN, Ms. ERNST, and Ms. BALD- and as a result, local governments are strug- correctional facilities that contract with WIN): gling to provide crucial services; and U.S. Immigration and Customs Enforcement, S. 4995. A bill to amend the Commodity Ex- Whereas, already made vulnerable by lost and for other purposes; to the Committee on change Act to modify the Commodity Fu- jobs or decreased income from the COVID–19 Homeland Security and Governmental Af- tures Trading Commission Customer Protec- pandemic, many Louisiana citizens face the fairs. tion Fund, and for other purposes; to the prospect of housing insecurity as they strug- By Mr. BRAUN (for himself, Mr. COONS, Committee on Agriculture, Nutrition, and gle to provide a safe and secure place for Mr. YOUNG, and Mr. KING): Forestry. themselves and their families to live while S. 4985. A bill to establish forestry policies By Mr. GRAHAM (for himself, Mr. also maintaining basic services such as that facilitate reforestation, conservation, COONS, Mr. RUBIO, Mr. CARDIN, Mrs. water, electricity, and food; and international cooperation, and other eco- BLACKBURN, and Mr. CARPER): Whereas, the federal government provided logically sound management practices that S. 4996. A bill to ensure funding of the unemployment and housing assistance in its reduce atmospheric carbon, to support United States trustees, extend temporary last COVID stimulus package, but there is a United States efforts in partnership with the bankruptcy judgeships, and for other pur- great need for further economic relief. One Trillion Trees Initiative, to encourage poses; considered and passed. the sustainable management, restoration, Therefore, be it f Resolved, That the Legislature of Louisiana and conservation of global forests, grass- does hereby memorialize the United States lands, wetlands, and coastal habitats, and for SUBMISSION OF CONCURRENT AND Congress to take such actions as are nec- other purposes; to the Committee on Agri- SENATE RESOLUTIONS essary to pass a stimulus plan that includes culture, Nutrition, and Forestry. funds for unemployment, housing, local gov- By Ms. HIRONO: The following concurrent resolutions ernment, struggling businesses, education, S. 4986. A bill to prevent an unintended and Senate resolutions were read, and and health care; and be it further drop in Social Security benefits due to referred (or acted upon), as indicated: Resolved, That a copy of this Resolution be COVID–19 and the application of the Na- By Mr. RISCH (for himself and Mr. transmitted to the presiding officers of the tional Average Wage Index, and improve So- CARDIN): Senate and the House of Representatives of cial Security and Supplemental Security In- S. Res. 798. A resolution calling on the the Congress of the United States of America come benefits on an emergency basis; to the Government of Ethiopia and the Tigray Peo- and to each member of the Louisiana con- Committee on Finance. ple’s Liberation Front to cease all hos- gressional delegation. By Mr. CASEY: tilities, protect the human rights of all Ethi- S. 4987. A bill to provide grants to enable f opians, and pursue a peaceful resolution of nonprofit disability organizations to develop the conflict in the Tigray region of Ethiopia; REPORTS OF COMMITTEES training programs that support safe inter- to the Committee on Foreign Relations. actions between law enforcement officers The following reports of committees and individuals with disabilities and older f were submitted: individuals; to the Committee on the Judici- ADDITIONAL COSPONSORS By Mr. HOEVEN, from the Committee on ary. Indian Affairs, without amendment: By Mr. PORTMAN (for himself and Mr. S. 633 S. 2891. A bill to require the Secretary of WYDEN): At the request of Mr. MORAN, the the Interior to establish Tribal Wildlife Cor- S. 4988. A bill to provide for the moderniza- name of the Senator from Arkansas ridors, and for other purposes (Rept. No. 116– tion of electronic case management systems, and for other purposes; to the Committee on (Mr. BOOZMAN) was added as a cospon- 305). sor of S. 633, a bill to award a Congres- S. 4556. A bill to authorize the Secretary of the Judiciary. Health and Human Services, acting through By Mr. CASEY (for himself, Mrs. GILLI- sional Gold Medal to the members of the Director of the Indian Health Service, to BRAND, Ms. DUCKWORTH, Mr. the Women’s Army Corps who were as- acquire private land to facilitate access to MERKLEY, Ms. HIRONO, Mr. BROWN, signed to the 6888th Central Postal Di- the Desert Sage Youth Wellness Center in Mr. BLUMENTHAL, and Ms. BALDWIN): rectory Battalion, known as the ‘‘Six Hemet, California, and for other purposes S. 4989. A bill to facilitate nationwide ac- Triple Eight’’. cessibility and coordination of 211 services (Rept. No. 116–306). S. 1902 By Mr. HOEVEN, from the Committee on for information and referral for mental Indian Affairs, with an amendment in the health emergencies, homelessness needs, At the request of Mr. CASEY, the nature of a substitute: other human services needs, and for other name of the Senator from California S. 790. A bill to clarify certain provisions purposes; to the Committee on Health, Edu- (Mrs. FEINSTEIN) was added as a co- of Public Law 103–116, the Catawba Indian cation, Labor, and Pensions. sponsor of S. 1902, a bill to require the Tribe of South Carolina Land Claims Settle- By Mr. CASSIDY: Consumer Product Safety Commission S. 4990. A bill to require the Office for Civil ment Act of 1993, and for other purposes to promulgate a consumer product (Rept. No. 116–307). Rights of the Department of Health and Human Services to conduct a study and issue safety rule for free-standing clothing S. 2165. A bill to enhance protections of Na- storage units to protect children from tive American tangible cultural heritage, a report on the de-identification of data pur- and for other purposes (Rept. No. 116–308). suant to privacy regulations; to the Com- tip-over related death or injury, and S. 3044. A bill to amend the American’s mittee on Health, Education, Labor, and for other purposes. Water Infrastructure Act of 2018 to expand Pensions. S. 3353 By Ms. WARREN (for herself, Mr. DUR- the Indian reservation drinking water pro- At the request of Mr. CASSIDY, the gram, and for other purposes (Rept. No. 116– BIN, and Mr. WHITEHOUSE): S. 4991. A bill to amend title 11, United name of the Senator from Georgia (Mr. 309). States Code, to add a bankruptcy chapter re- PERDUE) was added as a cosponsor of S. f lating to the debt of individuals, and for 3353, a bill to amend title XVIII of the INTRODUCTION OF BILLS AND other purposes; to the Committee on the Ju- Social Security Act to provide for ex- diciary. JOINT RESOLUTIONS tended months of Medicare coverage of By Ms. KLOBUCHAR (for herself and immunosuppressive drugs for kidney The following bills and joint resolu- Mr. LEAHY): S. 4992. A bill to protect journalists and transplant patients, and for other pur- tions were introduced, read the first poses. and second times by unanimous con- other members of the press from gross viola- tions of internationally recognized human S. 3722 sent, and referred as indicated: rights, and for other purposes; to the Com- At the request of Mr. CRUZ, the name By Mr. HAWLEY: mittee on Foreign Relations. of the Senator from New Jersey (Mr. S. 4983. A bill to amend chapter 77 of title By Mr. BOOKER: 18, United States Code, to combat human S. 4993. A bill to amend the Public Health BOOKER) was added as a cosponsor of S. trafficking and to strengthen civil remedies Service Act to promote healthy eating and 3722, a bill to authorize funding for a for survivors; to the Committee on the Judi- physical activity among children; to the bilateral cooperative program with ciary. Committee on Health, Education, Labor, and Israel for the development of health By Ms. WARREN (for herself, Mr. Pensions. technologies with a focus on combating BOOKER, Mr. MARKEY, Mr. VAN HOL- By Ms. HASSAN (for herself, Mr. COVID–19. LEN, Mr. SANDERS, Mr. BLUMENTHAL, HAWLEY, and Mr. TILLIS): S. 4012 Mr. DURBIN, Mr. MERKLEY, Ms. BALD- S. 4994. A bill to provide civil relief for vic- WIN, Ms. KLOBUCHAR, Ms. HIRONO, Mr. tims of the disclosure of certain intimate At the request of Mr. WICKER, the WYDEN, Mr. CASEY, Ms. CORTEZ images, and for other purposes; to the Com- name of the Senator from Kansas (Mr. MASTO, and Ms. ROSEN): mittee on the Judiciary. MORAN) was added as a cosponsor of S.

VerDate Sep 11 2014 06:19 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.025 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7328 CONGRESSIONAL RECORD — SENATE December 9, 2020 4012, a bill to establish a $120,000,000,000 have experienced the health, social, While most of these individuals will Restaurant Revitalization Fund to pro- and economic impacts of COVID–19. not receive their benefits for another vide structured relief to food service or Millions of workers and families have two years, future retirees and other drinking establishments through De- experienced unemployment or under- beneficiaries are concerned about the cember 31, 2020, and for other purposes. employment, and millions more have issue now, and we have an opportunity S. 4110 struggled to cover rent, utilities, gro- to provide them with some certainty At the request of Mr. RUBIO, the ceries, and other everyday living ex- during these difficult times. name of the Senator from Delaware penses. Workers and families are hurting (Mr. COONS) was added as a cosponsor People in Hawaii have fully experi- now, and we need to do what we can to of S. 4110, a bill to designate residents enced these challenges. We went from prevent them from being harmed in the of the Hong Kong Special Administra- having one of the lowest to one of the future too. tive Region as Priority 2 refugees of highest unemployment rates in the I encourage my colleagues to support special humanitarian concern, and for United States. At the height of the this important bill. other purposes. pandemic in May, Hawaii’s unemploy- I yield the floor. ment rate reached 23.5 percent—an un- S. 4326 precedented number for our state. At the request of Mr. ENZI, the names By Mr. GRAHAM (for himself, Family-owned businesses have Mr. COONS, Mr. RUBIO, Mr. of the Senator from New Mexico (Mr. closed, in many cases permanently, CARDIN, Mrs. BLACKBURN, and HEINRICH) and the Senator from Nevada putting pressure on those families, (Ms. ROSEN) were added as cosponsors Mr. CARPER): their employees, and the communities S. 4996. A bill to ensure funding of of S. 4326, a bill to require the Sec- they serve. Larger and medium-sized the United States trustees, extend tem- retary of the Treasury to honor the businesses have also closed, meaning porary bankruptcy judgeships, and for 100th anniversary of completion of furloughs, fewer hours, and reduced other purposes; considered and passed. coinage of the ‘‘Morgan Dollar’’ and wages for their employees. the 100th anniversary of commence- Because of this, many families have S. 4996 ment of coinage of the ‘‘Peace Dollar’’, had to make difficult decisions regard- Be it enacted by the Senate and House of Rep- and for other purposes. ing their household finances. resentatives of the United States of America in S. 4349 Some families have had to use what- Congress assembled, At the request of Mr. KAINE, the ever limited resources they have saved SECTION 1. SHORT TITLE. names of the Senator from Michigan over the years, including retirement This Act may be cited as the ‘‘Bankruptcy Administration Improvement Act of 2020’’. (Ms. STABENOW) and the Senator from savings, to keep their heads above West Virginia (Mrs. CAPITO) were added water. Others have had to find different SEC. 2. FINDINGS AND PURPOSE. as cosponsors of S. 4349, a bill to ad- ways to make ends meet and pay their (a) FINDINGS.—Congress finds the fol- dress behavioral health and well-being bills—despite fewer hours and reduced lowing: (1) Because of the importance of the goal among health care professionals. wages. Simply put, the economic downturn that the bankruptcy system is self-funded, at S. 4494 no cost to the taxpayer, Congress has closely has been widespread, deeply-felt, and At the request of Ms. HASSAN, the monitored the funding needs of the bank- names of the Senator from Minnesota shared. 2020 has been a difficult year, ruptcy system, including by requiring peri- and businesses, workers, and families (Ms. KLOBUCHAR) and the Senator from odic reporting by the Attorney General re- will continue to feel its effects for New Mexico (Mr. HEINRICH) were added garding the United States Trustee System as cosponsors of S. 4494, a bill to amend many years to come. Fund. Congress needs to continue its work (2) Congress has amended the various title VI of the Social Security Act to to provide relief for workers and fami- bankruptcy fees as necessary to ensure that extend the period with respect to which lies, so today I am introducing the So- the bankruptcy system remains self-sup- amounts under the Coronavirus Relief cial Security COVID Correction and porting, while also fairly allocating the costs Fund may be expended. of the system among those who use the sys- Equity Act. S. 4497 tem. Specifically, this bill would provide (3) Because the bankruptcy system is At the request of Mr. TOOMEY, the temporary emergency relief for indi- interconnected, the result has been a system name of the Senator from Texas (Mr. viduals who rely on Social Security, in- of fees, including filing fees, quarterly fees in CORNYN) was added as a cosponsor of S. cluding retirees, disabled workers, de- chapter 11 cases, and other fees, that to- 4497, a bill to temporarily suspend du- pendent children and grandchildren, gether fund the courts, judges, United States ties on imports of articles needed to and others. trustees, and chapter 7 case trustees nec- combat the COVID–19 pandemic. Separately, the bill would also make essary for the bankruptcy system to func- S. 4888 a technical correction (or ‘‘fix’’) to the tion. (4) This Act and the amendments made by At the request of Mr. KENNEDY, the Social Security ‘‘notch’’ to make sure this Act— name of the Senator from South Da- individuals who turn 60 this year (those (A) ensure adequate funding of the United kota (Mr. ROUNDS) was added as a co- in the ‘‘1960 cohort’’) are not unneces- States trustees, supports the preservation of sponsor of S. 4888, a bill to amend title sarily penalized for the recent eco- existing bankruptcy judgeships that are ur- 38, United States Code, to prohibit the nomic downturn. gently needed to handle existing and antici- Secretary of Veterans Affairs from Social Security benefits are cal- pated increases in business and consumer transmitting certain information to culated based on an individual’s life- caseloads, and provides long-overdue addi- the Department of Justice for use by time earnings, but are indexed to ac- tional compensation for chapter 7 case trust- the national instant criminal back- count for wage increases over time. As ees whose caseloads include chapter 11 reor- a result, lower wages this year will ganization cases that were converted to ground check system. chapter 7 liquidation cases; and f mean permanently lower benefits for (B) confirm the longstanding intention of certain beneficiaries unless Congress STATEMENTS ON INTRODUCED Congress that quarterly fee requirements re- acts. This bill addresses how wages are main consistent across all Federal judicial BILLS AND JOINT RESOLUTION indexed to calculate earnings when de- districts. By Ms. HIRONO: termining benefits. (b) PURPOSE.—The purpose of this Act and S. 4986. A bill to prevent an unin- By some estimates, the downturn the amendments made by this Act is to fur- tended drop in Social Security benefits could reduce benefits by around $960 ther the long-standing goal of Congress of due to COVID–19 and the application of per year for the average worker. ensuring that the bankruptcy system is self- the National Average Wage Index, and Preventing these reductions is a bi- funded, at no cost to the taxpayer. improve Social Security and Supple- partisan issue, and I hope we can work SEC. 3. UNITED STATES TRUSTEE SYSTEM FUND; BANKRUPTCY FEES. mental Security Income benefits on an together to address the issue for the (a) DEPOSITS OF CERTAIN FEES FOR FISCAL emergency basis; to the Committee on millions of individuals who would be YEARS 2021 THROUGH 2026.—Notwithstanding Finance. affected nationwide—including the section 589a(b) of title 28, United States Ms. HIRONO. Mr. President, during 17,800 seniors in Hawaii who turn 60 Code, for each of fiscal years 2021 through the last year Americans everywhere this year. 2026—

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.031 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7329 (1) the fees collected under section ‘‘(A) $60; or (i) occurring 5 years or more after the date 1930(a)(6) of such title, less the amount speci- ‘‘(B) a pro rata share, for each chapter 7 established by section 1003(b)(1) of the Bank- fied in subparagraph (2), shall be deposited as case, of the fees collected under section ruptcy Judgeship Act of 2017 (28 U.S.C. 152 specified in subsection (b); and 1930(a)(6) of title 28 and deposited to the note), and (2) $5,400,000 of the fees collected under sec- United States Trustee System Fund under (ii) resulting from the death, retirement, tion 1930(a)(6) of such title shall be deposited section 589a(f)(1) of title 28, less the amounts resignation, or removal of a bankruptcy in the general fund of the Treasury. specified in section 589a(f)(1)(A) and (B) of judge, (b) UNITED STATES TRUSTEE SYSTEM title 28. shall not be filled. FUND.—Section 589a of title 28, United States ‘‘(5) The payment received by a trustee (B) EASTERN DISTRICT OF MICHIGAN.—The Code, is amended by adding at the end the under paragraph (3) shall be paid in addition 1st vacancy in the office of a bankruptcy following: to the amount paid under subsection (b). judge for the eastern district of Michigan— ‘‘(f)(1) During each of fiscal years 2021 ‘‘(6) Not later than September 30, 2021, the (i) occurring 5 years or more after the date through 2026 and notwithstanding sub- Director of the Administrative Office of the established by section 1003(b)(3) of the Bank- sections (b) and (c), the fees collected under United States Courts shall promulgate regu- ruptcy Judgeship Act of 2017 (28 U.S.C. 152 section 1930(a)(6), less the amount specified lations for the administration of this sub- note), and in paragraph (2), shall be deposited as fol- section.’’. (ii) resulting from the death, retirement, lows, in the following order: (d) BANKRUPTCY FEES.—Section 1930(a) of resignation, or removal of a bankruptcy ‘‘(A) First, the amounts specified in the title 28, United States Code, is amended— judge, Department of Justice appropriations for (1) by striking paragraph (6)(B) and insert- that fiscal year, shall be deposited as discre- ing the following: shall not be filled. tionary offsetting collections to the ‘‘United ‘‘(B)(i) During the 5-year period beginning (3) APPLICABILITY OF OTHER PROVISIONS.— States Trustee System Fund’’, pursuant to on January 1, 2021, in addition to the filing Except as provided in paragraphs (1) and (2), subsection (a), to remain available until ex- fee paid to the clerk, a quarterly fee shall be all other provisions of section 1003 of the pended. paid to the United States trustee, for deposit Bankruptcy Judgeship Act of 2017 (28 U.S.C. ‘‘(B) Second, the amounts determined an- in the Treasury, in each open and reopened 152 note) remain applicable to the temporary nually by the Director of the Administrative case under chapter 11 of title 11, other than office of bankruptcy judges referred to in Office of the United States Courts that are under subchapter V, for each quarter (includ- paragraph (1). necessary to reimburse the judiciary for the ing any fraction thereof) until the case is (b) TEMPORARY OFFICE OF BANKRUPTCY costs of administering payments under sec- closed, converted, or dismissed, whichever JUDGES AUTHORIZED BY THE BANKRUPTCY tion 330(e) of title 11, shall be deposited as occurs first. JUDGESHIP ACT OF 2005 AND EXTENDED BY THE mandatory offsetting collections to the ‘‘(ii) The fee shall be the greater of— TEMPORARY BANKRUPTCY JUDGESHIPS EXTEN- ‘United States Trustee System Fund’, and ‘‘(I) 0.4 percent of disbursements or $250 for SION ACT OF 2012 AND THE BANKRUPTCY transferred and deposited into the special each quarter in which disbursements total JUDGESHIP ACT OF 2017.— fund established under section 1931(a), and less than $1,000,000; and (1) EXTENSIONS.—The temporary office of notwithstanding subsection (a), shall be ‘‘(II) 0.8 percent of disbursements but not bankruptcy judges authorized for the fol- available for expenditure without further ap- more than $250,000 for each quarter in which lowing districts by section 1223(b) of the propriation. disbursements total at least $1,000,000. Bankruptcy Judgeship Act of 2005 (28 U.S.C. ‘‘(C) Third, the amounts determined annu- ‘‘(iii) The fee shall be payable on the last 152 note), extended by section 2(a) of the ally by the Director of the Administrative day of the calendar month following the cal- Temporary Bankruptcy Judgeships Exten- Office of the United States Courts that are endar quarter for which the fee is owed.’’; sion Act of 2012 (28 U.S.C. 152 note), and fur- necessary to pay trustee compensation au- and ther extended by section 1002(a) of the Bank- thorized by section 330(e)(2) of title 11, shall (2) in paragraph (7), in the first sentence, ruptcy Judgeship Act of 2017 (28 U.S.C. 152 be deposited as mandatory offsetting collec- by striking ‘‘may’’ and inserting ‘‘shall’’. note) are extended until the applicable va- tions to the ‘United States Trustee System (e) APPLICABILITY.— cancy specified in paragraph (2) in the office Fund’, and transferred and deposited into the (1) IN GENERAL.—Except as provided in of a bankruptcy judge for the respective dis- Chapter 7 Trustee Fund established under paragraph (2), the amendments made by this trict occurs: section 330(e) of title 11 for payment to trust- section shall take effect on the date of enact- (A) The district of Delaware. ees serving in cases under chapter 7 of title ment of this Act. (B) The southern district of Florida. 11 (in addition to the amounts paid under (2) EXCEPTIONS.— (C) The district of Maryland. section 330(b) of title 11), in accordance with (A) COMPENSATION OF OFFICERS.—The (D) The eastern district of Michigan. that section, and notwithstanding subsection amendments made by subsection (c) shall (E) The district of Nevada. (a), shall be available for expenditure with- apply to any case filed on or after the date (F) The eastern district of North Carolina. out further appropriation. of enactment of this Act— (G) The district of Puerto Rico. ‘‘(D) Fourth, any remaining amounts shall (i) under chapter 7 of title 11, United (H) The eastern district of Virginia. be deposited as discretionary offsetting col- States Code; or (2) VACANCIES.— lections to the ‘United States Trustee Sys- (ii)(I) under chapter 11, 12, or 13 of that (A) SINGLE VACANCIES.—Except as provided tem Fund’, to remain available until ex- title; and in subparagraphs (B), (C), (D), (E), and (F), pended. (II) converted to a chapter 7 case under the 1st vacancy in the office of a bankruptcy ‘‘(2) Notwithstanding subsection (b), for that title. judge for each district specified in paragraph each of fiscal years 2021 through 2026, (B) BANKRUPTCY FEES.—The amendments (1)— $5,400,000 of the fees collected under section made by subsection (d) shall apply to— (i) occurring 5 years or more after the date 1930(a)(6) shall be deposited in the general (i) any case pending under chapter 11 of established by section 1002(a)(2) of the Bank- fund of the Treasury.’’. title 11, United States Code, on or after the ruptcy Judgeship Act of 2017 (28 U.S.C. 152 (c) COMPENSATION OF OFFICERS.—Section date of enactment of this Act; and note), and 330 of title 11, United States Code, is amend- (ii) quarterly fees payable under section (ii) resulting from the death, retirement, ed by adding at the end the following: 1930(a)(6) of title 28, United States Code, as resignation, or removal of a bankruptcy ‘‘(e)(1) There is established a fund in the amended by subsection (d), for disbursements judge, Treasury of the United States, to be known made in any calendar quarter that begins on shall not be filled. as the ‘Chapter 7 Trustee Fund’, which shall or after the date of enactment of this Act. (B) DISTRICT OF DELAWARE.—The 3d, 4th, be administered by the Director of the Ad- SEC. 4. EXTENSION OF TEMPORARY OFFICE OF 5th, and 6th vacancies in the office of a bank- ministrative Office of the United States BANKRUPTCY JUDGES IN CERTAIN ruptcy judge for the district of Delaware— Courts. JUDICIAL DISTRICTS. ‘‘(2) Deposits into the Chapter 7 Trustee (a) TEMPORARY OFFICE OF BANKRUPTCY (i) occurring 5 years or more after the date Fund under section 589a(f)(1)(C) of title 28 JUDGES AUTHORIZED BY THE BANKRUPTCY established by section 1002(a)(2) of Bank- shall be available until expended for the pur- JUDGESHIP ACT OF 2017.— ruptcy Judgeship Act of 2017 (28 U.S.C. 152 poses described in paragraph (3). (1) EXTENSIONS.—The temporary office of note), and ‘‘(3) For fiscal years 2021 through 2026, the bankruptcy judges authorized by section (ii) resulting from the death, retirement, Chapter 7 Trustee Fund shall be available to 1003(a) of the Bankruptcy Judgeship Act of resignation, or removal of a bankruptcy pay the trustee serving in a case that is filed 2017 (28 U.S.C. 152 note) for the district of judge, under chapter 7 or a case that is converted to Delaware and the eastern district of Michi- shall not be filled. a chapter 7 case in the most recent fiscal gan are extended until the applicable va- (C) SOUTHERN DISTRICT OF FLORIDA.—The year (referred to in this subsection as a cancy specified in paragraph (2) in the office 1st and 2d vacancies in the office of a bank- ‘chapter 7 case’) the amount described in of a bankruptcy judge for the respective dis- ruptcy judge for the southern district of paragraph (4) for the chapter 7 case in which trict occurs. Florida— the trustee has rendered services in that fis- (2) VACANCIES.— (i) occurring 5 years or more after the date cal year. (A) DISTRICT OF DELAWARE.—The 1st and 2d established by section 1002(a)(2) of the Bank- ‘‘(4) The amount described in this para- vacancies in the office of a bankruptcy judge ruptcy Judgeship Act of 2017 (28 U.S.C. 152 graph shall be the lesser of— for the district of Delaware— note), and

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.035 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7330 CONGRESSIONAL RECORD — SENATE December 9, 2020 (ii) resulting from the death, retirement, shall not be filled. (A) occurring 5 years or more after the resignation, or removal of a bankruptcy (3) APPLICABILITY OF OTHER PROVISIONS.— date of the enactment of this Act, and judge, Except as provided in paragraphs (1) and (2), (B) resulting from the death, retirement, shall not be filled. all other provisions of section 1223 of the resignation, or removal of a bankruptcy (D) DISTRICT OF MARYLAND.—The 1st va- Bankruptcy Judgeship Act of 2005 (28 U.S.C. judge, cancy in the office of a bankruptcy judge for 152 note) and section 2 of the Temporary shall not be filled. the district of Maryland— Bankruptcy Judgeships Extension Act of 2012 (3) APPLICABILITY OF OTHER PROVISIONS.— (i) occurring 5 years or more after the date (28 U.S.C. 152 note) remain applicable to the Except as provided in paragraphs (1) and (2), established by section 1002(a)(2) of the Bank- temporary office of bankruptcy judges re- all other provisions of section 3 of the Bank- ruptcy Judgeship Act of 2017 (28 U.S.C. 152 ferred to in paragraph (1). ruptcy Judgeship Act of 1992 (28 U.S.C. 152 (d) TEMPORARY OFFICE OF BANKRUPTCY note), and note), section 1223 of the Bankruptcy Judge- JUDGES AUTHORIZED BY THE BANKRUPTCY (ii) resulting from the death, retirement, ship Act of 2005 (28 U.S.C. 152 note), and sec- JUDGESHIP ACT OF 1992 AND EXTENDED BY THE resignation, or removal of a bankruptcy tion 2 of the Temporary Bankruptcy Judge- BANKRUPTCY JUDGESHIP ACT OF 2005, THE judge, ships Extension Act of 2012 (28 U.S.C. 152 TEMPORARY BANKRUPTCY JUDGESHIPS EXTEN- note) remain applicable to the temporary of- shall not be filled. SION ACT OF 2012, AND THE BANKRUPTCY fice of bankruptcy judge referred to in para- (E) EASTERN DISTRICT OF MICHIGAN.—The 2d JUDGESHIP ACT OF 2017.— graph (1). vacancy in the office of a bankruptcy judge (1) EXTENSIONS.—The temporary office of for the eastern district of Michigan— bankruptcy judges authorized by section 3(a) (f) TEMPORARY OFFICE OF BANKRUPTCY (i) occurring 5 years or more after the date of the Bankruptcy Judgeship Act of 1992 (28 JUDGE AUTHORIZED BY THE BANKRUPTCY established by section 1002(a)(2) of the Bank- U.S.C. 152 note), extended by section 1223(c) JUDGESHIP ACT OF 1992 AND EXTENDED BY THE ruptcy Judgeship Act of 2017 (28 U.S.C. 152 of Bankruptcy Judgeship Act of 2005 (28 TEMPORARY BANKRUPTCY JUDGESHIPS EXTEN- note), and U.S.C. 152 note), extended by section 2(b) of SION ACT OF 2012.— (ii) resulting from the death, retirement, the Temporary Bankruptcy Judgeships Ex- (1) EXTENSIONS.—The temporary office of resignation, or removal of a bankruptcy tension Act of 2012 (28 U.S.C. 152 note), and bankruptcy judge authorized by section 3(a) judge, further extended by section 1002(b) of the of the Bankruptcy Judgeship Act of 1992 (28 shall not be filled. Bankruptcy Judgeship Act of 2017 (28 U.S.C. U.S.C. 152 note) and extended by section 2(c) (F) DISTRICT OF PUERTO RICO.—The 1st va- 152 note) for the district of Delaware and the of the Temporary Bankruptcy Judgeships cancy in the office of a bankruptcy judge for district of Puerto Rico are extended until Extension Act of 2012 (28 U.S.C. 152 note) for the district of Puerto Rico— the applicable vacancy specified in para- the middle district of North Carolina is ex- (i) occurring 5 years or more after the date graph (2) in the office of a bankruptcy judge tended until the applicable vacancy specified established by section 1002(a)(2) of the Bank- for the respective district occurs. in paragraph (2) in the office of a bankruptcy ruptcy Judgeship Act of 2017 (28 U.S.C. 152 (2) VACANCIES.— judge for the district occurs. note), and (A) DISTRICT OF DELAWARE.—The 7th va- (2) VACANCY.—The 1st vacancy in the office (ii) resulting from the death, retirement, cancy in the office of a bankruptcy judge for of a bankruptcy judge for the middle district resignation, or removal of a bankruptcy the district of Delaware— of North Carolina— judge, (i) occurring 5 years or more after the date (A) occurring 5 years or more after the shall not be filled. established by section 1002(b)(2) of the Bank- date of the enactment of this Act, and (3) APPLICABILITY OF OTHER PROVISIONS.— ruptcy Judgeship Act of 2017 (28 U.S.C. 152 (B) resulting from the death, retirement, Except as provided in paragraphs (1) and (2), note), and resignation, or removal of a bankruptcy all other provisions of section 1223 of the (ii) resulting from the death, retirement, judge, Bankruptcy Judgeship Act of 2005 (28 U.S.C. resignation, or removal of a bankruptcy shall not be filled. 152 note), section 2 of the Temporary Bank- judge, (3) APPLICABILITY OF OTHER PROVISIONS.— ruptcy Judgeships Extension Act of 2012 (28 shall not be filled. Except as provided in paragraphs (1) and (2), U.S.C. 152 note), and section 1002 of the (B) DISTRICT OF PUERTO RICO.—The 2d va- all other provisions of section 3 of the Bank- Bankruptcy Judgeship Act of 2017 (28 U.S.C. cancy in the office of a bankruptcy judge for ruptcy Judgeship Act of 1992 (28 U.S.C. 152 152 note) remain applicable to the temporary the district of Puerto Rico— note) and section 2 of the Temporary Bank- office of bankruptcy judges referred to in (i) occurring 5 years or more after the date ruptcy Judgeships Extension Act of 2012 (28 paragraph (1). established by section 1002(b)(2) of the Bank- U.S.C. 152 note) (28 U.S.C. 152 note) remain (c) TEMPORARY OFFICE OF BANKRUPTCY ruptcy Judgeship Act of 2017 (28 U.S.C. 152 applicable to the temporary office of bank- JUDGES AUTHORIZED BY THE BANKRUPTCY note), and ruptcy judge referred to in paragraph (1). JUDGESHIP ACT OF 2005 AND EXTENDED BY THE (ii) resulting from the death, retirement, SEC. 5. REGULATIONS. TEMPORARY BANKRUPTCY JUDGESHIPS EXTEN- resignation, or removal of a bankruptcy Section 375(h) of title 28, United States SION ACT OF 2012.— judge, Code, is amended by striking ‘‘may’’ and in- (1) EXTENSIONS.—The temporary office of shall not be filled. bankruptcy judges authorized for the fol- serting ‘‘shall’’. (3) APPLICABILITY OF OTHER PROVISIONS.— lowing districts by section 1223(b) of the f Except as provided in paragraphs (1) and (2), Bankruptcy Judgeship Act of 2005 (28 U.S.C. all other provisions of section 3 of the Bank- SUBMITTED RESOLUTIONS 152 note) and extended by section 2(a) of the ruptcy Judgeship Act of 1992 (28 U.S.C. 152 Temporary Bankruptcy Judgeships Exten- note), section 1223 of Bankruptcy Judgeship sion Act of 2012 (28 U.S.C. 152 note) are ex- Act of 2005 (28 U.S.C. 152 note), section 2 of tended until the applicable vacancy specified SENATE RESOLUTION 798—CALL- the Temporary Bankruptcy Judgeships Ex- in paragraph (2) in the office of a bankruptcy ING ON THE GOVERNMENT OF tension Act of 2012 (28 U.S.C. 152 note), and judge for the respective district occurs: ETHIOPIA AND THE TIGRAY PEO- section 1002 of the Bankruptcy Judgeship (A) The southern district of Georgia. Act of 2017 (28 U.S.C. 152 note) remain appli- PLE’S LIBERATION FRONT TO (B) The district of Maryland. cable to the temporary office of bankruptcy CEASE ALL HOSTILITIES, PRO- (C) The district of New Jersey. judges referred to in paragraph (1). TECT THE HUMAN RIGHTS OF (D) The northern district of New York. (e) TEMPORARY OFFICE OF BANKRUPTCY ALL ETHIOPIANS, AND PURSUE (E) The district of South Carolina. JUDGE AUTHORIZED BY THE BANKRUPTCY A PEACEFUL RESOLUTION OF (2) VACANCIES.— JUDGESHIP ACT OF 1992 AND EXTENDED BY THE (A) SINGLE VACANCIES.—Except as provided THE CONFLICT IN THE TIGRAY BANKRUPTCY JUDGESHIP ACT OF 2005 AND THE REGION OF ETHIOPIA in subparagraph (B), the 1st vacancy in the TEMPORARY BANKRUPTCY JUDGESHIPS EXTEN- office of a bankruptcy judge for each district SION ACT OF 2012.— Mr. RISCH (for himself and Mr. specified in paragraph (1)— (1) EXTENSIONS.—The temporary office of CARDIN) submitted the following reso- (i) occurring 5 years or more after the date bankruptcy judge authorized by section 3(a) of the enactment of this Act, and lution; which was referred to the Com- of the Bankruptcy Judgeship Act of 1992 (28 mittee on Foreign Relations: (ii) resulting from the death, retirement, U.S.C. 152 note), extended by section 1223(c) resignation, or removal of a bankruptcy of the Bankruptcy Judgeship Act of 2005 (28 S. RES. 798 judge, U.S.C. 152 note), and further extended by sec- Whereas the United States and the Federal shall not be filled. tion 2(b) of the Temporary Bankruptcy Democratic Republic of Ethiopia share a (B) DISTRICT OF MARYLAND.—The 2d and 3d Judgeships Extension Act of 2012 (28 U.S.C. strong relationship built over a century of vacancies in the office of a bankruptcy judge 152 note) for the eastern district of Ten- diplomatic relations; for the district of Maryland— nessee is extended until the applicable va- Whereas Ethiopia is the second most popu- (i) occurring 5 years or more after the date cancy specified in paragraph (2) in the office lous country in Africa and plays a key role of the enactment of this Act, and of a bankruptcy judge for the district occurs. in advancing security and stability across (ii) resulting from the death, retirement, (2) VACANCY.—The 1st vacancy in the office sub-Saharan Africa, including as a top con- resignation, or removal of a bankruptcy of a bankruptcy judge for the eastern dis- tributor of uniformed personnel to United judge, trict of Tennessee— Nations peacekeeping missions;

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.035 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7331 Whereas Ethiopia has been beset in recent vented from leaving the country, and there violence against civilians, such as the re- years by multiple human rights and humani- are reports of surveillance and mass arrests ported mass killings in Mai-Kadra, Ethiopia; tarian challenges, including targeted ethnic of citizens of Ethiopia based on their eth- (2) appreciates the readiness of Sudan and violence, natural disasters, and political un- nicity; Djibouti to welcome refugees fleeing the con- rest, leading to the internal displacement of Whereas the United Nations Special Ad- flict in the Tigray region of Ethiopia and more than 1,800,000 Ethiopians in 2020 alone; viser on the Responsibility to Protect and supports the de-escalation efforts led by the Whereas tensions between Prime Minister the Acting Special Adviser on the Preven- African Union; Abiy Ahmed’s Prosperity Party and the tion of Genocide have expressed deep concern (3) calls on the Government of Ethiopia to Tigray People’s Liberation Front, which was over ‘‘reports of incidents of ethnically and immediately and fully restore electricity, part of the ruling coalition in Ethiopia until religiously motivated hate speech, incite- banking, telephone, and internet service in late 2019, escalated when the Tigray People’s ment to violence and serious human rights the Tigray region; Liberation Front held elections in the region violations including arbitrary arrests, (4) urges all parties to the conflict to— of Tigray on September 9, 2020, despite the killings, displacement of populations and de- (A) cease all violence and refrain from ac- decision by the Federal Government of Ethi- struction of property in various parts of the tions that could spread or escalate the con- opia to postpone general elections due to the country,’’ stressing that the ethnically moti- flict, including attacks on international or COVID–19 pandemic; vated attacks and reported ethnic profiling civilian targets; Whereas the Tigray People’s Liberation of citizens constitute ‘‘a dangerous trajec- (B) engage in good faith in regional and Front rejected the postponement of elections tory’’ that heightens the risk of atrocity international mediation efforts to end the and considered the extension of the term of crimes; conflict and commit to a credible, inclusive the Federal Government to be unconstitu- Whereas the conflict in the Tigray region dialogue towards a sustainable resolution of tional, and the Federal Government subse- occurs within the context of democratic political grievances; quently deemed the Tigray elections illegit- transition in Ethiopia, an uptick in targeted (C) comply with international humani- imate; ethnic violence in Ethiopia, ongoing talks, tarian law, guarantee unfettered humani- Whereas, in the early hours of November 4, mediated by the African Union, between tarian access to areas affected by the con- 2020, the Tigray People’s Liberation Front Ethiopia, Egypt, and Sudan over the filling flict, and take all possible steps to protect carried out an attack on the Northern Com- and use of the Grand Ethiopian Renaissance the safety of civilians, including refugees, mand of the Ethiopian National Defense Dam, Ethiopia’s rapprochement with Eri- displaced persons, and humanitarian aid Forces; trea, and the fragile democratic transition workers; Whereas Prime Minister Abiy then ordered and peace process in Sudan; (D) respect and promote the rights of all a military offensive and 6-month state of Whereas the conflict in the Tigray region people in Ethiopia to free expression, polit- emergency in the Tigray region, which has jeopardizes the security and stability not ical participation, and due process without evolved into an armed conflict in the region only of Ethiopia, but of the broader East Af- discrimination based on ethnicity or reli- and surrounding areas between the Ethio- rica region, particularly as Ethiopia with- gion; and pian National Defense Forces and the Tigray draws its troops from Somalia to support do- (E) allow for, and cooperate with, inde- People’s Liberation Front, with reports of mestic needs, including the operation in the pendent and transparent investigations of thousands of deaths; Tigray region; any alleged human rights abuses committed Whereas the Tigray People’s Liberation Whereas African Union Chairman Cyril in the course of the conflict and hold per- Front claims it acted in self-defense and has Ramaphosa, President of South Africa, has petrators to account; and accused the Ethiopian National Defense appointed Joaquim Chissano, former Presi- (5) urges the Secretary of State, the Sec- Forces of striking some civilian targets; dent of Mozambique, Ellen Johnson-Sirleaf, retary of the Treasury, and the Adminis- Whereas the Tigray People’s Liberation former President of Liberia, and Kgalema trator of the United States Agency for Inter- Front admits to having fired missiles at 2 Motlanthe, former President of South Africa, national Development, in coordination with airports and having launched rockets across as envoys to mediate a resolution to the con- the heads of other relevant Federal depart- the border into Eritrea in what they say was flict in the Tigray region, but the Govern- ments and agencies, to— retaliation for air strikes in the Tigray re- gion; ment of Ethiopia has dismissed calls for me- (A) engage at the highest levels with lead- Whereas Amnesty International confirmed diation as of December 2020; ers of the Government of Ethiopia and the that, on November 9, 2020, ‘‘likely hundreds’’ Whereas, on November 28, 2020, the Govern- Tigray People’s Liberation Front to encour- of ethnic Amhara people were stabbed or ment of Ethiopia claimed victory in the con- age dialogue to address the root causes of hacked to death in the town of Mai-Kadra in flict after a series of artillery strikes on the conflict, achieve sustainable peace, and the Tigray region, and some witnesses at- Mekelle, the capital city of the Tigray re- mitigate the humanitarian crisis; tributed the killings to retreating Tigray gion, with Prime Minister Abiy announcing (B) end the pause of all non-life-sustaining People’s Liberation Front forces; that his forces had ‘‘completed and ceased’’ assistance to Ethiopia and support program- Whereas the Ethiopian Human Rights military operations and would shift focus to ming to meet immediate humanitarian Commission has expressed concern over the rebuilding the region and providing humani- needs, including of refugees and internally arrests of journalists in connection to the tarian assistance while Federal police at- displaced persons, advance nonviolent con- conflict in the Tigray region and called on tempt to apprehend leaders of the Tigray flict resolution and reconciliation, and aid the Government of Ethiopia to respect due People’s Liberation Front; democratic transition in Ethiopia; process rights; Whereas, although Prime Minister Abiy (C) consider imposing targeted sanctions Whereas the closures of roads and airports stated that no civilians were harmed by the on any political or military officials found servicing the Tigray region have contributed operation in Mekelle, the communications responsible for violations of human rights to shortages of fuel and other necessary blackout in the Tigray region impedes carried out in the course of the conflict; goods and impeded the delivery of humani- verification of that claim and the Inter- (D) take all possible diplomatic steps to tarian assistance to more than 2,000,000 peo- national Committee of the Red Cross re- prevent further mass atrocities in Ethiopia; ple already in need of aid, including approxi- ported on November 29, 2020, that 80 percent and mately 100,000 Eritrean refugees and hun- of patients at Ayder Referral Hospital in (E) maintain close coordination with inter- dreds of United States citizens living in the Mekelle were suffering trauma injuries; national allies and multilateral organiza- region; Whereas, on November 29, 2020, Debretsion tions regarding efforts to address the con- Whereas the Government of Ethiopia has Gebremichael, leader of the Tigray People’s flict in Ethiopia and bring attention to the shut down electricity, banking, internet, and Liberation Front, disputed Prime Minister conflict in international fora, including the telephone services in the Tigray region, cre- Abiy’s claims of victory and told reporters United Nations Security Council. ating additional challenges for the delivery that Tigray People’s Liberation Front forces f of humanitarian services and the protection were withdrawing from Mekelle but would of civilians; continue fighting the Federal Government; AMENDMENTS SUBMITTED AND Whereas the conflict has already forced ap- and PROPOSED proximately 50,000 Ethiopians to flee to Whereas United Nations High Commis- SA 2695. Mr. THUNE (for Mr. SCOTT of Sudan, and aid agencies warn that more than sioner for Refugees Filippo Grandi noted South Carolina (for himself and Mr. MUR- 200,000 refugees could enter Sudan, Djibouti, that although the Government of Ethiopia PHY)) proposed an amendment to the bill S. and Eritrea in the next 6 months; announced the completion of military oper- 3451, to improve the health and safety of Whereas the United Nations High Commis- ations in the Tigray region, it ‘‘does not Americans living with food allergies and re- sioner for Human Rights warned that ‘‘there mean the conflict is finished’’: Now, there- lated disorders, including potentially life- is a risk this situation will spiral totally out fore, be it threatening anaphylaxis, food protein-in- of control, leading to heavy casualties and Resolved, That the Senate— duced enterocolitis syndrome, and destruction, as well as mass displacement (1) strongly disapproves of the escalation eosinophilic gastrointestinal diseases, and within Ethiopia itself and across borders’’; of political tensions between the Govern- for other purposes. Whereas, according to international ment of Ethiopia and the Tigray People’s SA 2696. Mr. INHOFE (for Mr. MORAN (for human rights organizations, Tigrayans have Liberation Front into armed conflict and himself and Mr. TESTER)) proposed an been suspended from their jobs and pre- condemns in the strongest terms any and all amendment to the bill H.R. 7105, to provide

VerDate Sep 11 2014 06:19 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.036 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7332 CONGRESSIONAL RECORD — SENATE December 9, 2020 flexibility for the Secretary of Veterans Af- Sec. 1011. Clarification regarding the de- TITLE II—BENEFITS fairs in caring for homeless veterans during pendents to whom entitlement Subtitle A—Benefits Generally a covered public health emergency, to direct to educational assistance may Sec. 2001. Revision of definition of Vietnam the Secretary of Veterans Affairs to carry be transferred under the Post 9/ era for purposes of the laws ad- out a retraining assistance program for un- 11 Educational Assistance Pro- ministered by the Secretary of employed veterans, and for other purposes. gram. Veterans Affairs. SA 2697. Mr. INHOFE (for Mr. PETERS) pro- Sec. 1012. Expansion of reasons for which a Sec. 2002. Matters relating to Department of posed an amendment to the bill S. 3418, to course of education may be dis- Veterans Affairs medical dis- amend the Robert T. Stafford Disaster Relief approved. ability examinations. and Emergency Assistance Act to allow the Sec. 1013. Oversight of educational institu- Sec. 2003. Medal of Honor special pension for Administrator of the Federal Emergency tions with approved programs: surviving spouses. Management Agency to provide capitaliza- risk-based surveys. Sec. 2004. Modernization of service-disabled tion grants to States to establish revolving Sec. 1014. Oversight of educational institu- veterans insurance. funds to provide hazard mitigation assist- tions subject to Government Sec. 2005. Denial of claims for traumatic in- ance to reduce risks from disasters and nat- action for purposes of the edu- jury protection under ural hazards, and other related environ- cational assistance programs of Servicemembers’ Group Life In- mental harm. the Department of Veterans Af- surance. fairs. f Sec. 2006. Publication and acceptance of dis- Sec. 1015. Additional requirement for ap- ability benefit questionnaire TEXT OF AMENDMENTS proval of educational institu- forms of Department of Vet- tions for purposes of the edu- SA 2695. Mr. THUNE (for Mr. SCOTT erans Affairs. cational assistance programs of of South Carolina (for himself and Mr. Sec. 2007. Threshold for reporting debts to the Department of Veterans Af- consumer reporting agencies. MURPHY)) proposed an amendment to fairs. Sec. 2008. Removal of dependents from the bill S. 3451, to improve the health Sec. 1016. Clarification of accreditation for award of compensation or pen- and safety of Americans living with law schools for purposes of the sion. food allergies and related disorders, in- educational assistance pro- Sec. 2009. Eligibility for dependency and in- grams of the Department of cluding potentially life-threatening an- demnity compensation for sur- Veterans Affairs. aphylaxis, food protein-induced viving spouses who remarry Sec. 1017. Clarification of grounds for dis- enterocolitis syndrome, and after age 55. approval of a course for pur- eosinophilic gastrointestinal diseases, Sec. 2010. Study on exposure by members of poses of the educational assist- the Armed Forces to toxicants and for other purposes; as follows: ance programs of the Depart- at Karshi-Khanabad Air Base in Strike all after the enacting clause and in- ment of Veterans Affairs. Uzbekistan. sert the following: Sec. 1018. Requirements for educational in- Sec. 2011. Comptroller General briefing and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. stitutions participating in the report on repealing manifesta- (a) SHORT TITLE.—This Act may be cited as educational assistance pro- tion period for presumptions of the ‘‘Johnny Isakson and David P. Roe, M.D. grams of the Department of service connection for certain Veterans Health Care and Benefits Improve- Veterans Affairs. diseases associated with expo- ment Act of 2020’’. Sec. 1019. Overpayments to eligible persons sure to certain herbicide (b) TABLE OF CONTENTS.—The table of con- or veterans. agents. tents for this Act is as follows: Sec. 1020. Improvements to limitation on Sec. 2012. Extension of authority of Sec- certain advertising, sales, and Sec. 1. Short title; table of contents. retary of Veterans Affairs to enrollment practices. Sec. 2. Determination of budgetary effects. use income information from Sec. 1021. Charge to entitlement to edu- TITLE I—EDUCATION other agencies. cational assistance for individ- Subtitle A—Education Generally Sec. 2013. Extension on certain limits on uals who do not transfer credits payments of pension. Sec. 1001. Improvements to Edith Nourse from certain closed or dis- Rogers STEM Scholarship pro- approved programs of edu- Subtitle B—Housing gram of Department of Vet- cation. Sec. 2101. Eligibility of certain members of erans Affairs. Sec. 1022. Department of Veterans Affairs the reserve components of the Sec. 1002. Expansion of eligibility for Fry treatment of for-profit edu- Armed Forces for home loans Scholarship to children and cational institutions converted from the Secretary of Veterans spouses of certain deceased to nonprofit educational insti- Affairs. members of the Armed Forces. tutions. Sec. 2102. Reducing loan fees for certain vet- Sec. 1003. Period for election to receive ben- Sec. 1023. Authority of State approving erans affected by major disas- efits under All-Volunteer Edu- agencies to conduct outreach ters. cational Assistance Program of activities. Sec. 2103. Extension of certain housing loan Department of Veterans Af- Sec. 1024. Limitation on colocation and ad- fees. fairs. ministration of State approving Sec. 2104. Collection of overpayments of spe- Sec. 1004. Phase out of All-Volunteer Edu- agencies. cially adapted housing assist- cational Assistance Program. Sec. 1025. Elimination of period of eligibility ance. Sec. 1005. Requirements for in-State tuition. for training and rehabilitation Sec. 1006. Expansion of authority for certain Subtitle C—Burial Matters for certain veterans with serv- Sec. 2201. Transportation of deceased vet- qualifying work-study activi- ice-connected disabilities. ties for purposes of the edu- erans to veterans’ cemeteries. cational assistance programs of Subtitle B—Pandemic Assistance Sec. 2202. Increase in certain funeral bene- the Department of Veterans Af- Sec. 1101. Definitions. fits under laws administered by fairs to include outreach serv- Sec. 1102. Continuation of Department of the Secretary of Veterans Af- ices provided through congres- Veterans Affairs educational fairs. sional offices. assistance benefits during Sec. 2203. Outer burial receptacles for each Sec. 1007. Restoration of entitlement to re- COVID–19 emergency. new grave in cemeteries that habilitation programs for vet- Sec. 1103. Effects of closure of educational are the subjects of certain erans affected by school closure institution and modification of grants made by the Secretary or disapproval. courses by reason of COVID-19 of Veterans Affairs. Sec. 1008. Technical correction to clarify eli- emergency. Sec. 2204. Provision of inscriptions for gibility for participation in Sec. 1104. Payment of educational assistance spouses and children on certain Yellow Ribbon Program of De- in cases of withdrawal. headstones and markers fur- partment of Veterans Affairs. Sec. 1105. Modification of time limitations nished by the Secretary of Vet- Sec. 1009. Clarification of educational assist- on use of entitlement. erans Affairs. ance for individuals who pursue Sec. 1106. Apprenticeship or on-job training Sec. 2205. Aid to counties for establishment, an approved program of edu- requirements. expansion, and improvement of cation leading to a degree while Sec. 1107. Inclusion of training establish- veterans’ cemeteries. on active duty. ments in certain provisions re- Sec. 2206. Increase in maximum amount of Sec. 1010. Verification of enrollment for pur- lated to COVID-19 emergency. grants to States, counties, and poses of receipt of Post-9/11 Sec. 1108. Treatment of payment of allow- tribal organizations for oper- Educational Assistance bene- ances under Student Veteran ating and maintaining vet- fits. Coronavirus Response Act. erans’ cemeteries.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0655 E:\CR\FM\A09DE6.037 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7333 Sec. 2207. Provision of urns and commemo- Subtitle B—Assistance for Homeless Sec. 5109. Requirement to improve Depart- rative plaques for remains of Veterans ment of Veterans Affairs certain veterans whose cre- Sec. 4201. Flexibility for the Secretary of women veterans call center. mated remains are not interred Veterans Affairs in caring for Sec. 5110. Study on infertility services fur- in certain cemeteries. homeless veterans during a cov- nished at Department of Vet- Sec. 2208. Training of State and tribal vet- ered public health emergency. erans Affairs. erans’ cemetery personnel by Sec. 4202. Legal services for homeless vet- Sec. 5111. Sense of Congress on access to fa- National Cemetery Administra- erans and veterans at risk for cilities of Department of Vet- tion. homelessness. erans Affairs by reservists for counseling and treatment relat- TITLE III—HEALTH CARE Sec. 4203. Gap analysis of Department of Veterans Affairs programs that ing to military sexual trauma. Subtitle A—Health Care Generally provide assistance to women Subtitle B—Increasing Staff Cultural Sec. 3001. Expansion of modifications to veterans who are homeless. Competency Veteran Directed Care program. Sec. 4204. Improvements to grants awarded Sec. 5201. Staffing of women’s health pri- Sec. 3002. Prohibition on collection of a by the Secretary of Veterans mary care providers at medical health care copayment by the Affairs to entities that provide facilities of Department of Vet- Secretary of Veterans Affairs services to homeless veterans. erans Affairs. from a veteran who is a mem- Sec. 4205. Repeal of sunset on authority to Sec. 5202. Additional funding for primary ber of an Indian tribe. carry out program of referral care and emergency care clini- Sec. 3003. Oversight for State homes regard- and counseling services for vet- cians in Women Veterans ing COVID–19 infections, re- erans at risk for homelessness Health Care Mini-Residency sponse capacity, and staffing who are transitioning from cer- Program. levels. tain institutions. Sec. 5203. Establishment of women veteran Sec. 4206. Coordination of case management Sec. 3004. Grants for State homes located on training module for non-De- services for veterans receiving tribal lands. partment of Veterans Affairs housing vouchers under Tribal health care providers. Sec. 3005. Continuation of Women’s Health Housing and Urban Develop- Transition Training program of Sec. 5204. Study on staffing of women vet- ment-Veterans Affairs Sup- eran program manager program Department of Veterans Af- portive Housing program. fairs. at medical centers of Depart- Sec. 4207. Contracts relating to case man- ment of Veterans Affairs and Sec. 3006. Authority for Secretary of Vet- agers for homeless veterans in erans Affairs to furnish medi- training of staff. supported housing program. Sec. 5205. Study on Women Veteran Coordi- cally necessary transportation Sec. 4208. Report on staffing of Department for newborn children of certain nator program. of Housing and Urban Develop- Sec. 5206. Staffing improvement plan for women veterans. ment-Department of Veterans peer specialists of Department Sec. 3007. Waiver of requirements of Depart- Affairs supported housing pro- of Veterans Affairs who are ment of Veterans Affairs for re- gram. women. ceipt of per diem payments for Subtitle C—Retraining Assistance for domiciliary care at State Subtitle C—Eliminating Harassment and Veterans Assault homes and modification of eli- Sec. 4301. Access for the Secretaries of Sec. 5301. Expansion of coverage by Depart- gibility for such payments. Labor and Veterans Affairs to ment of Veterans Affairs of Sec. 3008. Expansion of quarterly update of the Federal directory of new counseling and treatment for information on staffing and va- hires. sexual trauma. cancies at facilities of the De- Sec. 4302. Expansion of eligible class of pro- Sec. 5302. Assessment of effects of intimate partment of Veterans Affairs to viders of high technology pro- partner violence on women vet- include information on dura- grams of education for vet- erans by Advisory Committee tion of hiring process. erans. on Women Veterans. Sec. 3009. Requirement for certain Depart- Sec. 4303. Pilot program for off-base transi- Sec. 5303. Anti-harassment and anti-sexual ment of Veterans Affairs med- tion training for veterans and assault policy of Department of ical facilities to have physical spouses. location for the disposal of con- Sec. 4304. Grants for provision of transition Veterans Affairs. Sec. 5304. Pilot program on assisting vet- trolled substances medications. assistance to members of the erans who experience intimate Sec. 3010. Department of Veterans Affairs Armed Forces after separation, partner violence or sexual as- pilot program for clinical obser- retirement, or discharge. sault. vation by undergraduate stu- Sec. 4305. One-year independent assessment Sec. 5305. Study and task force on veterans dents. of the effectiveness of Transi- experiencing intimate partner Subtitle B—Scheduling and Consult tion Assistance Program. Sec. 4306. Longitudinal study on changes to violence or sexual assault. Management Transition Assistance Program. Subtitle D—Data Collection and Reporting Sec. 3101. Process and requirements for TITLE V—DEBORAH SAMPSON Sec. 5401. Requirement for collection and scheduling appointments for Sec. 5001. Short title. analysis of data on Department health care from Department of of Veterans Affairs benefits and Subtitle A—Improving Access for Women Veterans Affairs and non-De- services and disaggregation of Veterans to the Department of Veterans partment health care. such data by gender, race, and Affairs Sec. 3102. Audits regarding scheduling of ap- ethnicity. pointments and management of Sec. 5101. Office of Women’s Health in De- Sec. 5402. Study on barriers for women vet- consultations for health care partment of Veterans Affairs. erans to receipt of health care from Department of Veterans Sec. 5102. Women veterans retrofit initia- from Department of Veterans Affairs and non-Department tive. Affairs. health care. Sec. 5103. Establishment of environment of Sec. 5403. Study on feasibility and advis- Sec. 3103. Administration of non-Depart- care standards and inspections ability of offering Parenting ment of Veterans Affairs health at Department of Veterans Af- STAIR program at all medical care. fairs medical centers. centers of Department of Vet- Sec. 5104. Provision of reintegration and re- Sec. 3104. Examination of health care con- erans Affairs. adjustment services to veterans sultation and scheduling posi- and family members in group Subtitle E—Benefits Matters tions of Department of Vet- retreat settings. Sec. 5501. Evaluation of service-connection erans Affairs. Sec. 5105. Provision of legal services for of mental health conditions re- TITLE IV—NAVY SEAL BILL MULDER women veterans. lating to military sexual trau- Sec. 4001. Short title. Sec. 5106. Comptroller General surveys and ma. report on supportive services Sec. 5502. Choice of sex of Department of Subtitle A—Service-connection and COVID– provided for very low-income Veterans Affairs medical exam- 19 women veterans. iner for assessment of claims Sec. 4101. Presumptions of service-connec- Sec. 5107. Programs on assistance for child for compensation relating to tion for members of Armed care for certain veterans. disability resulting from phys- Forces who contract Sec. 5108. Availability of prosthetics for ical assault of a sexual nature, Coronavirus Disease 2019 under women veterans from Depart- battery of a sexual nature, or certain circumstances. ment of Veterans Affairs. sexual harassment.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0655 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7334 CONGRESSIONAL RECORD — SENATE December 9, 2020 Sec. 5503. Secretary of Veterans Affairs re- Sec. 7104. Chief Financial Officer responsi- clinical training program for health care port on implementing rec- bility for subordinate chief fi- professionals. ommendations of Inspector nancial officers. ‘‘(E) Individuals who have earned a grad- General of Department of Vet- Subtitle C—Servicemembers Civil Relief uate degree and are enrolled in a covered erans Affairs in certain report Sec. 7201. Clarification of delivery of notice clinical training program for health care on denied posttraumatic stress of termination of leases of professionals.’’. disorder claims related to mili- premises and motor vehicles for (c) AMOUNTS NOT SUBJECT TO CERTAIN LIMI- tary sexual trauma. purposes of relief under TATION.—Subsection (d) of such section is TITLE VI—REPRESENTATION AND Servicemembers Civil Relief amended by adding at the end the following FINANCIAL EXPLOITATION MATTERS Act. new paragraph: Sec. 6001. Short title. Sec. 7202. Technical correction regarding ex- ‘‘(4) Notwithstanding any other provision Sec. 6002. Plan to address the financial ex- tension of lease protections for of this chapter or chapter 36 of this title, any ploitation of veterans receiving servicemembers under stop additional benefits under this section may pension from the Department of movement orders in response to not be counted toward the aggregate period Veterans Affairs. local, national, or global emer- for which section 3695 of this title limits an Sec. 6003. Overpayments of pension to vet- gency. individual’s receipt of allowance or assist- erans receiving pension from SEC. 2. DETERMINATION OF BUDGETARY EF- ance.’’. the Department of Veterans Af- FECTS. (d) COVERED CLINICAL TRAINING PROGRAM fairs. The budgetary effects of this Act, for the DEFINED.—Such section is further amended Sec. 6004. Evaluation of additional actions purpose of complying with the Statutory by adding at the end the following new sub- for verifying direct deposit in- Pay-As-You-Go Act of 2010, shall be deter- section: formation provided by veterans mined by reference to the latest statement ‘‘(h) COVERED CLINICAL TRAINING PROGRAM on applications for veterans titled ‘‘Budgetary Effects of PAYGO Legisla- DEFINED.—In this section, the term ‘covered pension. tion’’ for this Act, submitted for printing in clinical training program’ means any clin- Sec. 6005. Annual report on efforts of De- the Congressional Record by the Chairman of ical training required by a health care pro- partment of Veterans Affairs to the House Budget Committee, provided that fessional to be licensed to practice in a State such statement has been submitted prior to address the financial exploi- or locality.’’. the vote on passage. tation of veterans receiving SEC. 1002. EXPANSION OF ELIGIBILITY FOR FRY pension. TITLE I—EDUCATION SCHOLARSHIP TO CHILDREN AND Sec. 6006. Notice regarding fees charged in Subtitle A—Education Generally SPOUSES OF CERTAIN DECEASED connection with filing an appli- SEC. 1001. IMPROVEMENTS TO EDITH NOURSE MEMBERS OF THE ARMED FORCES. cation for veterans pension. ROGERS STEM SCHOLARSHIP PRO- (a) IN GENERAL.—Subsection (b) of section Sec. 6007. Outreach plan for educating vul- GRAM OF DEPARTMENT OF VET- 3311 of title 38, United States Code, as nerable veterans about poten- ERANS AFFAIRS. amended by section 105 of the Harry W. tial financial exploitation re- (a) CLARIFICATION AND EXPANSION OF ELIGI- Colmery Veterans Educational Assistance lating to the receipt of pension. BILITY.—Subsection (b)(4) of section 3320 of Act of 2017 (Public Law 115–48), is further title 38, United States Code, is amended— TITLE VII—OTHER MATTERS amended— (1) in subparagraph (A)(i)— (1) by redesignating paragraph (9) as para- Subtitle A—Administrative and Other (A) in the matter preceding subclause (I), graph (11); and Matters by inserting ‘‘, or a dual degree program that (2) by inserting after paragraph (8) the fol- Sec. 7001. Medical examination protocol for includes such an undergraduate college de- lowing new paragraphs (9) and (10): volunteer drivers participating gree,’’ after ‘‘undergraduate college degree’’; ‘‘(9) An individual who is the child or in program of transportation (B) by striking subclause (IX); and spouse of a person who, on or after Sep- services for veterans. (C) by redesignating subclauses (X) and tember 11, 2001, dies in line of duty while Sec. 7002. Department of Veterans Affairs (XI) as subclauses (IX) and (X), respectively; serving on duty other than active duty as a Advisory Committee on Tribal (2) in subparagraph (B)— member of the Armed Forces. and Indian Affairs. (A) by inserting ‘‘covered clinical training ‘‘(10) An individual who is the child or Sec. 7003. Preference for offerors employing program for health care professionals or a’’ spouse of a member of the Selected Reserve veterans. before ‘‘program of education’’; and who dies on or after September 11, 2001, while Sec. 7004. Extension of certain employment (B) by striking the period at the end and a member of the Selected Reserve from a and reemployment rights to inserting ‘‘; or’’; and service-connected disability.’’. (3) by adding at the end the following new members of the National Guard (b) CONFORMING AMENDMENTS.—Title 38, subparagraph: who perform State active duty. United States Code, is amended as follows: ‘‘(C) is an individual who has earned a Sec. 7005. Repayment of misused benefits. (1) In section 3311(f), by striking ‘‘para- graduate degree in a field referred to in sub- Sec. 7006. Exemption of certain transfers. graph (8)’’ each place it appears and insert- paragraph (A)(i) and is enrolled in a covered Sec. 7007. Report and planned actions of the ing ‘‘paragraphs (8), (9), and (10)’’. clinical training program for health care Secretary of Veterans Affairs (2) In section 3313(c)(1), by striking ‘‘(8), or professionals.’’. to address certain high-risk (9)’’ and inserting ‘‘(8), (9), (10), or (11)’’. (b) PRIORITY.—Subsection (c) of such sec- areas of the Department of Vet- (3) In section 3317(a), in the second sen- erans Affairs. tion is amended to read as follows: ‘‘(c) PRIORITY.—(1) If the Secretary deter- tence, by striking ‘‘paragraphs (1), (2), (8), Sec. 7008. Annual report by Secretary of and (9)’’ and inserting ‘‘paragraphs (1), (2), Veterans Affairs on implemen- mines that there are insufficient funds avail- able in a fiscal year to provide additional (8), (9), (10), and (11)’’. tation of priority recommenda- (4) In section 3320, as amended by section tions of Comptroller General of benefits under this section to all eligible in- dividuals, the Secretary may give priority to 1001 of this title, in subsection (c)(1)(B), by the United States pertaining to striking ‘‘(8), or (9)’’ and inserting ‘‘(8), (9), Department of Veterans Af- the following eligible individuals: ‘‘(A) Individuals who require the most (10), or (11)’’. fairs. (5) In section 3322— Sec. 7009. Clarification of methods used to credit hours described in subsection (b)(4). ‘‘(B) Individuals who are entitled to edu- (A) in subsection (e), by striking both ‘‘sec- monitor compliance with cer- tions 3311(b)(8) and 3319’’ and inserting ‘‘sec- tain limitations on subcon- cational assistance under this chapter by reason of paragraph (1), (2), (8), or (9) of sec- tion 3319 and paragraph (8), (9), or (10) of sec- tracting. tion 3311 of this title’’; Sec. 7010. Department of Veterans Affairs tion 3311(b) of this title. ‘‘(2) The Secretary shall give priority to in- (B) in subsection (f), by striking ‘‘section requirement to provide certain dividuals under paragraph (1) in the fol- 3311(b)(8)’’ and inserting ‘‘paragraph (8), (9), notice to persons filing claims lowing order: or (10) of section 3311 of this title’’; and for damage, injury, or death on ‘‘(A) Individuals who are enrolled in a pro- (C) in subsection (h)(2), by striking ‘‘either Standard Form 95. gram of education leading to an under- section 3311(b)(8) or chapter 35’’ and inserting Subtitle B—Matters Relating to the Chief graduate degree in a field referred to in sub- ‘‘either chapter 35 or paragraph (8), (9), or Financial Officer of Department of Vet- section (b)(4)(A)(i). (10) of section 3311’’. erans Affairs ‘‘(B) Individuals who are enrolled in a pro- (c) APPLICABILITY DATE.—The amendments Sec. 7101. Definitions. gram of education leading to a teaching cer- made by this section shall take effect imme- Sec. 7102. Plans for addressing material tificate. diately after the amendments made by sec- weaknesses and providing suffi- ‘‘(C) Individuals who are enrolled in a dual- tion 105 of the Harry W. Colmery Veterans cient authority to Chief Finan- degree program leading to both an under- Educational Assistance Act of 2017 (Public cial Officer of Department of graduate and graduate degree in a field re- Law 115–48) take effect and shall apply with Veterans Affairs. ferred to in subsection (b)(4)(A)(i). respect to a quarter, semester, or term, as Sec. 7103. Chief Financial Officer attesta- ‘‘(D) Individuals who have earned an under- applicable, commencing on or after August 1, tion. graduate degree and are enrolled in a covered 2021.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7335 SEC. 1003. PERIOD FOR ELECTION TO RECEIVE ments to assist in the preparation and pres- ing educational assistance under this chap- BENEFITS UNDER ALL-VOLUNTEER entation of claims for benefits under laws ad- ter to submit to the Secretary verification of EDUCATIONAL ASSISTANCE PRO- ministered by the Secretary.’’. such enrollment for each month during GRAM OF DEPARTMENT OF VET- (b) EFFECTIVE DATE.—The amendment which the individual is so enrolled and re- ERANS AFFAIRS. made by subsection (a) shall take effect on ceiving such educational assistance. (a) IN GENERAL.—Section 3011 of title 38, August 1, 2021. ‘‘(2) Verification under this subsection United States Code, is amended— shall be in an electronic form prescribed by (1) in subsection (c)(1), by striking ‘‘Any SEC. 1007. RESTORATION OF ENTITLEMENT TO REHABILITATION PROGRAMS FOR the Secretary. such election shall be made at the time the VETERANS AFFECTED BY SCHOOL ‘‘(3) If an individual fails to submit the individual initially enters on active duty as CLOSURE OR DISAPPROVAL. verification required under paragraph (1)(B) a member of the Armed Forces’’ and insert- (a) ENTITLEMENT.—Section 3699 of title 38, for two consecutive months, the Secretary ing ‘‘Any such election shall be made during United States Code, is amended by striking may not make a monthly stipend payment the 90-day period beginning on the day that ‘‘chapter 30,’’ each time it appears and in- to the individual under this section until the is 180 days after the date on which the indi- serting ‘‘chapter 30, 31,’’. individual submits such verification.’’. vidual initially enters initial training’’; and (b) PAYMENT OF SUBSISTENCE ALLOW- (b) EFFECTIVE DATE.—The amendment (2) in subsection (b)(1), by striking ‘‘that ANCES.—Section 3680(a)(2)(B) of title 38, made by subsection (a) shall take effect on such individual is entitled to such pay’’ and United States Code, is amended— August 1, 2021. inserting ‘‘that begin after the date that is (1) by inserting ‘‘or a subsistence allow- SEC. 1011. CLARIFICATION REGARDING THE DE- 270 days after the date on which the indi- ance described in section 3108’’ before ‘‘, dur- PENDENTS TO WHOM ENTITLEMENT vidual initially enters initial training’’. ing’’; and TO EDUCATIONAL ASSISTANCE MAY (b) EFFECTIVE DATE.—The amendments (2) by inserting ‘‘or allowance’’ after ‘‘such BE TRANSFERRED UNDER THE POST made by subsection (a) shall take effect on a stipend’’. 9/11 EDUCATIONAL ASSISTANCE PROGRAM. the date that is two years after the date of (c) CONFORMING AMENDMENT.—Section 7 of the enactment of this Act. the Student Veteran Coronavirus Response (a) IN GENERAL.—Section 3319(c) of title 38, United States Code, is amended to read as SEC. 1004. PHASE OUT OF ALL-VOLUNTEER EDU- Act of 2020 (134 Stat. 634; Public Law 116–140) follows: CATIONAL ASSISTANCE PROGRAM. is hereby repealed. ‘‘(c) ELIGIBLE DEPENDENTS.— Subsection (a)(1)(A) of section 3011 of title (d) EFFECTIVE DATE.—The amendments ‘‘(1) TRANSFER.—An individual approved to 38, United States Code, is amended by strik- made by this section shall apply as if in- transfer an entitlement to educational as- ing ‘‘after June 30, 1985’’ and inserting ‘‘dur- cluded in the enactment of section 109 of the sistance under this section may transfer the ing the period beginning July 1, 1985, and Harry W. Colmery Veterans Educational As- individual’s entitlement to an eligible de- ending September 30, 2030’’. sistance Act of 2017 (Public Law 115–48; 131 pendent or a combination of eligible depend- Stat. 978). SEC. 1005. REQUIREMENTS FOR IN-STATE TUI- ents. TION. SEC. 1008. TECHNICAL CORRECTION TO CLARIFY ‘‘(2) DEFINITION OF ELIGIBLE DEPENDENT.— (a) IN GENERAL.—Section 3679(c) of title 38, ELIGIBILITY FOR PARTICIPATION IN United States Code, is amended— YELLOW RIBBON PROGRAM OF DE- For purposes of this subsection, the term ‘el- (1) in paragraph (2)(A), by striking ‘‘less PARTMENT OF VETERANS AFFAIRS. igible dependent’ has the meaning given the than three years before the date of enroll- Section 3317(a) of title 38, United States term ‘dependent’ under subparagraphs (A), ment in the course concerned’’; and Code, is amended— (I), and (D) of section 1072(2) of title 10.’’. (b) APPLICABILITY.—The amendment made (2) in paragraph (4)— (1) by striking ‘‘the full cost of established by subsection (a) shall apply with respect to (A) by striking ‘‘It shall’’ and inserting charges (as specified in section 3313)’’ and in- educational assistance payable under chap- ‘‘(A) It shall’’; and serting ‘‘the full cost of tuition and fees for ter 33 of title 38, United States Code, before, (B) by adding at the end the following new a program of education’’; and on, or after the date that is 90 days after the subparagraph: (2) by striking ‘‘those established charges’’ date of the enactment of this Act. ‘‘(B) To the extent feasible, the Secretary and inserting ‘‘such tuition and fees’’. shall make publicly available on the internet SEC. 1009. CLARIFICATION OF EDUCATIONAL AS- SEC. 1012. EXPANSION OF REASONS FOR WHICH A COURSE OF EDUCATION MAY BE DIS- website of the Department a database ex- SISTANCE FOR INDIVIDUALS WHO PURSUE AN APPROVED PROGRAM APPROVED. plaining any requirements described in sub- (a) IN GENERAL.—Section 3672(b)(2) of title paragraph (A) that are established by a pub- OF EDUCATION LEADING TO A DE- GREE WHILE ON ACTIVE DUTY. 38, United States Code, is amended— lic institution of higher learning for an indi- (a) IN GENERAL.—Section 3313(e) of title 38, (1) in subparagraph (A)(i), by inserting or vidual to be charged tuition and fees at a United States Code, is amended— ‘‘or (D)’’ after ‘‘subparagraph (C)’’; and rate that is equal to or less than the rate the (1) in the heading, by inserting ‘‘FOR A PE- (2) by adding at the end the following new institution charges for tuition and fees for RIOD OF MORE THAN 30 DAYS’’ after ‘‘ACTIVE subparagraph: residents of the State in which the institu- DUTY’’; ‘‘(D) A program that is described in sub- tion is located. The Secretary shall dis- (2) in paragraph (1), by inserting ‘‘for a pe- paragraph (A)(i) of this paragraph and of- approve a course of education provided by riod of more than 30 days’’ after ‘‘active fered by an educational institution that is at such an institution that does not provide the duty’’; and risk of losing accreditation shall not be Secretary— (3) in paragraph (2), in the matter pre- deemed to be approved for purposes of this ‘‘(i) an initial explanation of such require- ceding subparagraph (A), by inserting ‘‘for a chapter. For purposes of this subparagraph, ments; and period of more than 30 days’’ after ‘‘active an educational institution is at risk of losing ‘‘(ii) not later than 90 days after the date duty’’. accreditation if that educational institution on which any such requirements change, the (b) EFFECTIVE DATE.—The amendments has received from the relevant accrediting updated requirements.’’. made by subsection (a) shall take effect on agency or association a notice described in (b) APPLICATION.—The amendments made August 1, 2022. section 3673(e)(2)(D) of this title.’’. by this section shall apply with respect to a (b) EFFECTIVE DATE.—The amendments quarter, semester, or term, as applicable, SEC. 1010. VERIFICATION OF ENROLLMENT FOR PURPOSES OF RECEIPT OF POST-9/11 made by subsection (a) shall take effect on commencing on or after August 1, 2021. EDUCATIONAL ASSISTANCE BENE- August 1, 2021. SEC. 1006. EXPANSION OF AUTHORITY FOR CER- FITS. SEC. 1013. OVERSIGHT OF EDUCATIONAL INSTI- TAIN QUALIFYING WORK-STUDY AC- (a) IN GENERAL.—Section 3313 of title 38, TUTIONS WITH APPROVED PRO- TIVITIES FOR PURPOSES OF THE United States Code, is amended by adding at GRAMS: RISK-BASED SURVEYS. EDUCATIONAL ASSISTANCE PRO- the end the following new subsection: (a) RISK-BASED SURVEYS.— GRAMS OF THE DEPARTMENT OF (1) IN GENERAL.—Subchapter I of chapter VETERANS AFFAIRS TO INCLUDE ‘‘(l) VERIFICATION OF ENROLLMENT.—(1) The OUTREACH SERVICES PROVIDED Secretary shall require— 36, United States Code, is amended by insert- THROUGH CONGRESSIONAL OF- ‘‘(A) each educational institution to sub- ing after section 3673 the following new sec- FICES. mit to the Secretary verification of each in- tion: (a) IN GENERAL.—Section 3485(a)(4) of title dividual who is enrolled in a course or pro- ‘‘§ 3673A. Risk-based surveys 38, United States Code, is amended by adding gram of education at the educational institu- ‘‘(a) DEVELOPMENT REQUIRED.—The Sec- at the end the following new subparagraph: tion and is receiving educational assistance retary, in partnership with State approving ‘‘(K) The following activities carried out at under this chapter— agencies, shall develop a searchable risk- the offices of Members of Congress for such ‘‘(i) not later than such time as the Sec- based survey for oversight of educational in- Members: retary determines reasonable after the date stitutions with courses and programs of edu- ‘‘(i) The distribution of information to on which the individual is enrolled; and cation approved under this chapter. members of the Armed Forces, veterans, and ‘‘(ii) not later than such time as the Sec- ‘‘(b) SCOPE.—(1) The scope of the risk-based their dependents about the benefits and serv- retary determines reasonable after the last survey developed under subsection (a) shall ices under laws administered by the Sec- date on which a student is able to withdraw be determined by the Secretary, in partner- retary and other appropriate governmental from the course or program of education ship with the State approving agency. and nongovernmental programs. without penalty; and ‘‘(2) At a minimum the scope determined ‘‘(ii) The preparation and processing of pa- ‘‘(B) each individual who is enrolled in a under paragraph (1) shall include the fol- pers and other documents, including docu- course or program of education and is receiv- lowing:

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7336 CONGRESSIONAL RECORD — SENATE December 9, 2020 ‘‘(A) Rapid increase in veteran enrollment. graph, as the case may be, regarding an edu- (1) in subsection (b), by adding at the end ‘‘(B) Rapid increase in tuition and fees. cational institution, such State approving the following new paragraph: ‘‘(C) Complaints tracked and published agency shall— ‘‘(4) The educational institution is ap- with the mechanism required by section ‘‘(i) complete a risk-based survey of such proved and participates in a program under 3698(b)(2) from students pursuing programs of educational institution; and title IV of the Higher Education Act of 1965 education with educational assistance fur- ‘‘(ii) provide the Secretary with— (20 U.S.C. 1070 et seq.) or the Secretary has nished under laws administered by the Sec- ‘‘(I) a complete report on the findings of waived the requirement under this paragraph retary, based on severity or volume of the the State approving agency with respect to with respect to an educational institution complaints. the risk-based survey completed under and submits to the Committee on Veterans’ ‘‘(D) Compliance with section 3680A(d)(1) of clause (i) and any actions taken as a result Affairs of the Senate and the Committee on this title. of such findings; and Veterans’ Affairs of the House of Representa- ‘‘(E) Veteran completion rates. ‘‘(II) any supporting documentation and tives notice of such waiver.’’. ‘‘(F) Indicators of financial stability. pertinent records. (2) by adding at the end the following new ‘‘(G) Review of the advertising and recruit- ‘‘(2) Notice described in this paragraph is subsection: ing practices of the educational institution, any of the following: ‘‘(d)(1) The Secretary shall submit to Con- including those by third-party contractors of ‘‘(A) Notice from the Secretary of Edu- gress an annual report on any waivers issued the educational institution. cation of an event under paragraph (3)(A). pursuant to subsection (b)(4) or section ‘‘(H) Matters for which the Federal Gov- ‘‘(B) Notice of an event under paragraph 3672(b)(2)(A)(i) of this title. ernment or a State Government brings an (3)(B). ‘‘(2) Each report submitted under para- action in a court of competent jurisdiction ‘‘(C) Notice from a State of an action graph (1) shall include, for the year covered against an educational institution, including taken by that State under paragraph (3)(C). by the report, the following: matters in cases in which the Federal Gov- ‘‘(D) Notice provided by an accrediting ‘‘(A) The name of each educational institu- ernment or the State comes to a settled agency or association of an action described tion for which a waiver was issued. agreement on such matters outside of the in paragraph (3)(D) taken by that agency or ‘‘(B) The justification for each such waiver. court. association. ‘‘(C) The total number of waivers issued.’’. ‘‘(E) Notice that the Secretary of Edu- ‘‘(c) DATABASE.—The Secretary, in partner- (b) REQUIREMENT FOR APPROVAL OF STAND- cation has placed the educational institution ship with the State approving agencies under ARD COLLEGE DEGREE PROGRAMS.—Clause (i) this chapter, shall establish a database or on provisional certification status. of section 3672(b)(2)(A) of such title is amend- ‘‘(3) An action or event under this para- use an existing system, as the Secretary con- ed to read as follows: graph is any of the following: siders appropriate, to serve as a central re- ‘‘(i) Except as provided in subparagraph (C) ‘‘(A) The receipt by an educational institu- pository for information required for or col- or (D), an accredited standard college degree tion of payments under the heightened cash lected during site visits for the risk-based program offered at a public or not-for-profit monitoring level 2 payment method pursuant survey developed under subsection (a), so as proprietary educational institution that— to section 487(c)(1)(B) of the Higher Edu- to improve future oversight of educational ‘‘(I) is accredited by an agency or associa- cation Act of 1965 (20 U.S.C. 1094). institutions with programs of education ap- tion recognized for that purpose by the Sec- ‘‘(B) Punitive action taken by the Attor- proved under this chapter.’’. retary of Education; and ney General, the Federal Trade Commission, (2) CLERICAL AMENDMENT.—The table of ‘‘(II) is approved and participates in a pro- or any other Federal department or agency sections at the beginning of chapter 36 of gram under title IV of the Higher Education for misconduct or misleading marketing such title is amended by inserting after the Act of 1965 (20 U.S.C. 1070 et seq.), unless the practices that would violate the standards item relating to section 3673 the following Secretary has waived the requirement to defined by the Secretary of Veterans Affairs. new item: participate in a program under title IV of ‘‘(C) Punitive action taken by a State ‘‘3673A. Risk-based surveys.’’. the Higher Education Act of 1965 (20 U.S.C. against an educational institution. (b) USE OF STATE APPROVING AGENCIES FOR 1070 et seq.).’’. ‘‘(D) The loss, or risk of loss, by an edu- OVERSIGHT ACTIVITIES.— (c) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—Section 3673(d) of title 38, cational institution of an accreditation from an accrediting agency or association, includ- made by subsections (a) and (b) shall take ef- United States Code, is amended— fect on August 1, 2021. (A) by striking ‘‘may’’ and inserting ing notice of probation, suspension, an order ‘‘shall’’; and to show cause relating to the educational in- SEC. 1016. CLARIFICATION OF ACCREDITATION FOR LAW SCHOOLS FOR PURPOSES (B) by striking ‘‘compliance and risk-based stitution’s academic policies and practices or to its financial stability, or revocation of OF THE EDUCATIONAL ASSISTANCE surveys’’ and inserting ‘‘a risk-based survey PROGRAMS OF THE DEPARTMENT developed under section 3673A of this title’’. accreditation. OF VETERANS AFFAIRS. ‘‘(E) The placement of an educational in- (2) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Paragraphs (14)(B) and stitution on provisional certification status made by paragraph (1) shall take effect on (15)(B) of section 3676(c) of title 38, United October 1, 2022. by the Secretary of Education. ‘‘(4) If a State approving agency dis- States Code, are each amended— SEC. 1014. OVERSIGHT OF EDUCATIONAL INSTI- approves or suspends an educational institu- (1) by striking ‘‘an accrediting agency’’ TUTIONS SUBJECT TO GOVERNMENT both places it appears and inserting ‘‘a spe- ACTION FOR PURPOSES OF THE tion, the State approving agency shall pro- vide notice of such disapproval or suspension cialized accrediting agency for programs of EDUCATIONAL ASSISTANCE PRO- legal education’’; and GRAMS OF THE DEPARTMENT OF to the Secretary and to all other State ap- VETERANS AFFAIRS. proving agencies. (2) by inserting before the period the fol- (a) IN GENERAL.—Section 3673 of title 38, ‘‘(5) This subsection shall be carried out lowing: ‘‘, from which recipients of law de- United States Code, is amended by adding at using amounts made available pursuant to grees from such accredited programs are eli- the end the following new subsection: section 3674(a)(4) of this title as long as such gible to sit for a bar examination in any ‘‘(e) NOTICE OF GOVERNMENT ACTION.—(1)(A) amounts remain available. State’’. If the Secretary receives notice described in ‘‘(6) For each notice transmitted or pro- (b) EFFECTIVE DATE.—The amendments paragraph (2), or otherwise becomes aware of vided to a State approving agency under made by subsection (a) shall take effect on an action or event described in paragraph (3), paragraph (1) with respect to an educational August 1, 2021. with respect to an educational institution, institution, the Secretary shall ensure the SEC. 1017. CLARIFICATION OF GROUNDS FOR DIS- the Secretary shall transmit such notice or careful review of— APPROVAL OF A COURSE FOR PUR- provide notice of such action or event to the ‘‘(A) to the extent possible, the action that POSES OF THE EDUCATIONAL AS- State approving agency for the State where gave rise to such notice; and SISTANCE PROGRAMS OF THE DE- the educational institution is located by not ‘‘(B) any other action against the edu- PARTMENT OF VETERANS AFFAIRS. later than 30 days after the date on which cational institution by any Federal or State (a) IN GENERAL.—Section 3679 of title 38, the Secretary receives such notice or be- government entity or by the educational in- United States Code, is amended— comes aware of such action or event. stitution’s accreditor. (1) by inserting ‘‘(including failure to com- ‘‘(B) If a State approving agency receives ‘‘(7) In this subsection, the term ‘risk- ply with a risk-based survey under this chap- notice as described in paragraph (2), or oth- based survey’ means the risk-based survey ter or secure an affirmation of approval by erwise becomes aware of an action or event developed under section 3673A of this title.’’. the appropriate State approving agency fol- (b) EFFECTIVE DATE.—The amendment described in paragraph (3), with respect to an lowing the survey)’’ after ‘‘requirements of made by subsection (a) shall take effect on educational institution, other than from the this chapter’’; and August 1, 2021. Secretary pursuant to subparagraph (A) of (2) by adding at the end the following new this paragraph, the State approving agency SEC. 1015. ADDITIONAL REQUIREMENT FOR AP- subsection: PROVAL OF EDUCATIONAL INSTITU- ‘‘(f) In this section, the term ‘risk-based shall immediately notify the Secretary. TIONS FOR PURPOSES OF THE EDU- ‘‘(C) Not later than 60 days after the date CATIONAL ASSISTANCE PROGRAMS survey’ means a risk-based survey developed on which a State approving agency receives OF THE DEPARTMENT OF VETERANS under section 3673A(a) of this title.’’. notice under subparagraph (A), receives no- AFFAIRS. (b) EFFECTIVE DATE.—The amendment tice as described in subparagraph (B), or be- (a) IN GENERAL.—Section 3675 of title 38, made by subsection (a) shall take effect on comes aware as described in such subpara- United States Code, is amended— August 1, 2021.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7337 SEC. 1018. REQUIREMENTS FOR EDUCATIONAL cational institution with information re- ‘‘(4)(A) An action described in this subpara- INSTITUTIONS PARTICIPATING IN garding the requirements to graduate from graph is any of the following: THE EDUCATIONAL ASSISTANCE such course, including information regarding ‘‘(i) Submitting to the Secretary a rec- PROGRAMS OF THE DEPARTMENT when required classes will be offered and a OF VETERANS AFFAIRS. ommendation that the Secretary publish a timeline to graduate. (a) IN GENERAL.—Section 3679 of title 38, warning on the internet website of the De- United States Code, as amended by section ‘‘(F) With respect to an accredited edu- partment described in section 3698(c)(2) of 1017 of this title, is further amended by add- cational institution, obtain the approval of this title, or such other similar internet ing at the end the following new subsection: the accrediting agency for each new course website of the Department, that describes ‘‘(f)(1) Except as provided by paragraph (5), or program of the institution before enroll- how an educational institution is failing to a State approving agency, or the Secretary ing covered individuals in such courses or meet a requirement under paragraph (1), (2), when acting in the role of the State approv- programs if the accrediting agency deter- or (3). ing agency, shall take an action described in mines that such approval is appropriate ‘‘(ii) Disapproving a course for purposes of paragraph (4)(A) if the State approving agen- under the substantive change requirements this chapter. cy or the Secretary, when acting in the role of the accrediting agency regarding the qual- ‘‘(B)(i) The Secretary shall establish guide- of the State approving agency, determines ity, objectives, scope, or control of the insti- lines to ensure that the actions described in that an educational institution does not per- tution. subparagraph (A) are applied in a propor- form any of the following: ‘‘(G) Maintain a policy that— tional and uniform manner by State approv- ‘‘(A) Prior to the enrollment of a covered ‘‘(i) ensures that members of the Armed ing agencies, or the Secretary when acting in individual in a course of education at the Forces, including the reserve components the role of the State approving agency. educational institution, provide the indi- and the National Guard, who enroll in a ‘‘(ii) Each State approving agency and the vidual with a form that contains information course of education at the educational insti- Secretary, when acting in the role of the personalized to the individual that de- tution may be readmitted at such institution State approving agency, shall adhere to the scribes— if such members are temporarily unavailable guidelines established under clause (i). ‘‘(i) the estimated total cost of the course, or have to suspend such enrollment by rea- ‘‘(C) The State approving agency, in con- including tuition, fees, books, supplies, and son of serving in the Armed Forces; and sultation with the Secretary, or the Sec- any other additional costs; ‘‘(ii) otherwise accommodates such mem- retary when acting in the role of the State ‘‘(ii) an estimate of the cost for living ex- bers during short absences by reason of such approving agency, may limit an action de- penses for students enrolled in the course; service. scribed in subparagraph (A)(ii) to individuals ‘‘(iii) the amount of the costs under clauses ‘‘(H) Designate an employee of the edu- not enrolled at the educational institution (i) and (ii) that are covered by the edu- cational institution to serve as a point of before the period described in such subpara- cational assistance provided to the indi- contact for covered individuals and the fam- graph. vidual under chapter 30, 31, 32, 33, or 35 of ily of such individuals needing assistance ‘‘(5)(A) The Secretary may waive the re- this title, or chapter 1606 or 1607 of title 10, with respect to academic counseling, finan- quirements of paragraph (1) or waive the re- as the case may be; cial counseling, disability counseling, and quirements of paragraph (2) with respect to ‘‘(iv) the type and amount of Federal finan- other information regarding completing a an educational institution for a 1-academic- cial aid not administered by the Secretary course of education at such institution, in- year period beginning in August of the year and financial aid offered by the institution cluding by referring such individuals and in which the waiver is made. A single edu- that the individual may qualify to receive; family to the appropriate persons for such cational institution may not receive waivers ‘‘(v) an estimate of the amount of student counseling and information. under this paragraph for more than 2 con- loan debt the individual would have upon ‘‘(2) Except as provided by paragraph (5), a secutive academic years. graduation; State approving agency, or the Secretary ‘‘(B) To be considered for a waiver under ‘‘(vi) information regarding graduation when acting in the role of the State approv- this paragraph, an educational institution rates; ing agency, shall take an action described in shall submit to the Secretary an application ‘‘(vii) job-placement rates for graduates of paragraph (4)(A) if the State approving agen- prior to the first day of the academic year the course, if available; cy, the Secretary, or any Federal agency, de- for which the waiver is sought. ‘‘(viii) information regarding the accept- termines that an educational institution ‘‘(6) Not later than October 1 of each year, ance by the institution of transfer of credits, does any of the following: the Secretary shall submit to the Committee including military credits; ‘‘(A) Carries out deceptive or persistent re- on Veterans’ Affairs of the Senate and the ‘‘(ix) any conditions or additional require- cruiting techniques, including on military Committee on Veterans’ Affairs of the House ments, including training, experience, or ex- installations, that may include— of Representatives the following reports: aminations, required to obtain the license, ‘‘(i) misrepresentation (as defined in sec- ‘‘(A) A report, which shall be made pub- certification, or approval for which the tion 3696(e)(2)(B) of this title) or payment of licly available, that includes the following: course of education is designed to provide incentive compensation; ‘‘(i) A summary of each action described in preparation; and ‘‘(ii) during any 1-month period making paragraph (4)(A) made during the year cov- ‘‘(x) other information to facilitate com- three or more unsolicited contacts to a cov- ered by the report, including— parison by the individual of aid packages of- ered individual, including contacts by phone, ‘‘(I) the name of the educational institu- fered by different educational institutions. email, or in-person; or tion; ‘‘(B) Not later than 15 days after the date ‘‘(iii) engaging in same-day recruitment ‘‘(II) the type of action taken; on which the institution (or the governing and registration. ‘‘(III) the rationale for the action, includ- body of the institution) determines tuition ‘‘(B) Pays inducements, including any gra- ing how the educational institution was not rates and fees for an academic year that is tuity, favor, discount, entertainment, hospi- in compliance with this subsection; different than the amount being charged by tality, loan, transportation, lodging, meals, ‘‘(IV) the length of time that the edu- the institution, provide a covered individual or other item having a monetary value of cational institution was not in such compli- enrolled in a course of education at the edu- more than a de minimis amount, to any indi- ance; and cational institution with the form under sub- vidual or entity, or its agents including third ‘‘(V) whether the educational institution paragraph (A) that contains updated infor- party lead generators or marketing firms was also not in compliance with this sub- mation. other than salaries paid to employees or fees section during any of the 2 years prior to the ‘‘(C) Maintain policies to— paid to contractors in conformity with all year covered by the report. ‘‘(i) inform each covered individual en- applicable laws for the purpose of securing ‘‘(ii) A summary and justifications for the rolled in a course of education at the edu- enrollments of covered individuals or obtain- waivers made under paragraph (5) during the cational institution of the availability of ing access to educational assistance under year covered by the report, including the Federal financial aid not administered by this title, with the exception of scholarships, total number of waivers each educational in- the Secretary and financial aid offered by grants, and tuition reductions provided by stitution has received. the institution; and the educational institution. ‘‘(B) A report containing the recommenda- ‘‘(ii) alert such individual of the potential ‘‘(3) A State approving agency, or the Sec- tions of the Secretary with respect to any eligibility of the individual for such finan- retary when acting in the role of the State legislative actions the Secretary determines cial aid before packaging or arranging stu- approving agency, shall take an action de- appropriate to ensure that this subsection is dent loans or alternative financing programs scribed in paragraph (4)(A) if the State ap- carried out in a manner that is consistent for the individual. proving agency or the Secretary, when act- with the requirements that educational in- ‘‘(D) Maintain policies to— ing in the role of the State approving agen- stitutions must meet for purposes of other ‘‘(i) prohibit the automatic renewal of a cy, determines that an educational institu- departments or agencies of the Federal Gov- covered individual in courses and programs tion is the subject of a negative action made ernment. of education; and by the accrediting agency that accredits the ‘‘(7) In this subsection, the term ‘covered ‘‘(ii) ensure that each covered individual institution, including any of the following: individual’ means an individual who is pur- approves of the enrollment of the individual ‘‘(A) Accreditor sanctions. suing a course of education at an educational in a course. ‘‘(B) Accreditation probation. institution under chapter 30, 31, 32, 33, or 35 ‘‘(E) Provide to a covered individual en- ‘‘(C) The loss of accreditation or candidacy of this title, or chapter 1606 or 1607 of title rolled in a course of education at the edu- for accreditation. 10.’’.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7338 CONGRESSIONAL RECORD — SENATE December 9, 2020

(b) APPLICATION DATE.—The amendment local, State, or Federal license, or a non- ance, or whether the student must apply for made by this section shall take effect on governmental certification required as a pre- a particular type of financial aid, such as fi- June 15, 2021, and shall apply to an edu- condition for employment, or to perform cer- nancing offered by the institution. cational institution beginning on August 1, tain functions in the States in which the ‘‘(C) The employability of the graduates of 2021, except that an educational institution educational program is offered, or to meet the institution, including misrepresentation may submit an application for a waiver additional conditions that the institution regarding— under subsection (f)(5) of section 3679 of title knows or reasonably should know are gen- ‘‘(i) the relationship of the institution with 38, United States Code, as added by sub- erally needed to secure employment in a rec- any organization, employment agency, or section (a), beginning on June 15, 2021. ognized occupation for which the program is other agency providing authorized training SEC. 1019. OVERPAYMENTS TO ELIGIBLE PER- represented to prepare students; leading directly to employment; SONS OR VETERANS. ‘‘(v) the requirements for successfully com- ‘‘(ii) the plans of the institution to main- (a) IN GENERAL.—Subsection (b) of section pleting the course of study or program and tain a placement service for graduates or 3685 of title 38, United States Code, is amend- the circumstances that would constitute otherwise assist graduates to obtain employ- ed to read as follows: grounds for terminating the student’s enroll- ment; ‘‘(b) Any overpayment to a veteran or eli- ment; ‘‘(iii) the knowledge of the institution gible person with respect to pursuit by the ‘‘(vi) whether the courses of education at about the current or likely future condi- veteran or eligible person of a program of the institution are recommended or have tions, compensation, or employment oppor- education at an educational institution shall been the subject of unsolicited testimonials tunities in the industry or occupation for constitute a liability of the educational in- or endorsements by— which the students are being prepared; stitution to the United States if— ‘‘(I) vocational counselors, high schools, ‘‘(iv) job market statistics maintained by ‘‘(1) the Secretary finds that the overpay- colleges, educational organizations, employ- the Federal Government in relation to the ment has been made as the result of— ment agencies, members of a particular in- potential placement of the graduates of the ‘‘(A) the willful or negligent failure of an dustry, students, former students, or others; institution; and educational institution to report, as required or ‘‘(v) other requirements that are generally under this chapter or chapter 34 or 35 of this ‘‘(II) officials of a local or State govern- needed to be employed in the fields for which title, to the Department of Veterans Affairs ment or the Federal Government; the training is provided, such as require- excessive absences from a course, or dis- ‘‘(vii) the size, location, facilities, or equip- ments related to commercial driving licenses continuance or interruption of a course by ment of the institution; or permits to carry firearms, and failing to the veteran or eligible person; or ‘‘(viii) the availability, frequency, and ap- disclose factors that would prevent an appli- ‘‘(B) the willful or negligent false certifi- propriateness of the courses of education and cant from qualifying for such requirements, cation by an educational institution; or programs to the employment objectives that such as prior criminal records or preexisting ‘‘(2) the benefit payment sent to an edu- the institution states the courses and pro- medical conditions. cational institution on behalf of an eligible grams are designed to meet; ‘‘(2) In this subsection: veteran or person is made pursuant to— ‘‘(ix) the nature, age, and availability of ‘‘(A) The term ‘misleading statement’ in- ‘‘(A) section 3313(h) of this title; the training devices or equipment of the in- cludes any communication, action, omission, ‘‘(B) section 3317 of this title; or stitution and the appropriateness to the em- or intimation made in writing, visually, ‘‘(C) section 3680(d) of this title; or ployment objectives that the institution orally, or through other means, that has the ‘‘(D) section 3320(d) of this title.’’. states the courses and programs are designed likelihood or tendency to mislead the in- (b) CLARIFYING AMENDMENT.—Subsection to meet; (a) of such section is further amended by in- ‘‘(x) the number, availability, and quali- tended recipient of the communication under serting ‘‘relating to educational assistance fications, including the training and experi- the circumstances in which the communica- under a law administered by the Secretary’’ ence, of the faculty and other personnel of tion is made. Such term includes the use of after ‘‘made to a veteran or eligible person’’. the institution; student endorsements or testimonials for an educational institution that a student gives SEC. 1020. IMPROVEMENTS TO LIMITATION ON ‘‘(xi) the availability of part-time employ- CERTAIN ADVERTISING, SALES, AND ment or other forms of financial assistance; to the institution either under duress or be- ENROLLMENT PRACTICES. ‘‘(xii) the nature and availability of any cause the institution required the student to (a) PROHIBITION ON SUBSTANTIAL MISREPRE- tutorial or specialized instruction, guidance make such an endorsement or testimonial to SENTATION.— and counseling, or other supplementary as- participate in a program of education. (1) IN GENERAL.—Section 3696 of title 38, sistance the institution will provide students ‘‘(B) The term ‘misrepresentation’ means United States Code, is amended to read as before, during, or after the completion of a any false, erroneous, or misleading state- follows: course of education; ment, action, omission, or intimation made ‘‘§ 3696. Prohibition on certain advertising, ‘‘(xiii) the nature or extent of any pre- directly or indirectly to a student, a prospec- sales, and enrollment practices requisites established for enrollment in any tive student, the public, an accrediting agen- cy, a State agency, or to the Secretary by an ‘‘(a) PROHIBITION ON ENGAGING IN SUBSTAN- course of education; eligible institution, one of its representa- TIAL MISREPRESENTATION.—An educational ‘‘(xiv) the subject matter, content of the institution with a course or program of edu- course of education, or any other fact related tives, or any person with whom the institu- cation approved under this chapter, and an to the degree, diploma, certificate of comple- tion has an agreement to provide edu- entity that owns such an educational insti- tion, or any similar document that the stu- cational programs, marketing, advertising, tution, shall not engage in substantial mis- dent is to be, or is, awarded upon completion recruiting or admissions services. representation described in subsection (b). of the course of education; and ‘‘(C) The term ‘substantial misrepresenta- ‘‘(b) SUBSTANTIAL MISREPRESENTATION DE- ‘‘(xv) whether the degree that the institu- tion’ means misrepresentation in which the SCRIBED.—(1) Substantial misrepresentation tion will confer upon completion of the person to whom it was made could reason- described in this paragraph is substantial course of education has been authorized by ably be expected to rely, or has reasonably misrepresentation by an educational institu- the appropriate State educational agency, relied, to that person’s detriment. tion, a representative of the institution, or including with respect to cases where the in- ‘‘(c) LIMITATION ON CERTAIN COMMISSIONS, any person with whom the institution has an stitution fails to disclose facts regarding the BONUSES, AND OTHER INCENTIVE PAYMENTS.— agreement to provide educational programs, lack of such authorization in any advertising An educational institution with a course or marketing, advertising, recruiting or admis- or promotional materials that reference such program of education approved under this sions services, concerning any of the fol- degree. chapter, and an entity that owns such an lowing: ‘‘(B) The financial charges of the institu- educational institution, shall not provide ‘‘(A) The nature of the educational pro- tion, including misrepresentation regard- any commission, bonus, or other incentive gram of the institution, including misrepre- ing— payment based directly or indirectly on suc- sentation regarding— ‘‘(i) offers of scholarships to pay all or part cess in securing enrollments or financial aid ‘‘(i) the particular type, specific source, or of a course charge; to any persons or entities engaged in any nature and extent, of the accreditation of ‘‘(ii) whether a particular charge is the student recruiting or admission activities or the institution or a course of education at customary charge at the institution for a in making decisions regarding the award of the institution; course; student financial assistance. ‘‘(ii) whether a student may transfer ‘‘(iii) the cost of the program and the re- ‘‘(d) REQUIREMENT TO MAINTAIN RECORDS.— course credits to another institution; fund policy of the institution if the student (1) To ensure compliance with this section, ‘‘(iii) conditions under which the institu- does not complete the program; any educational institution offering courses tion will accept transfer credits earned at ‘‘(iv) the availability or nature of any fi- approved for the enrollment of eligible per- another institution; nancial assistance offered to students, in- sons or veterans shall maintain a complete ‘‘(iv) whether successful completion of a cluding a student’s responsibility to repay record of all advertising, sales, or enrollment course of instruction qualifies a student— any loans, regardless of whether the student materials (and copies thereof) utilized by or ‘‘(I) for acceptance to a labor union or is successful in completing the program and on behalf of the institution during the pre- similar organization; or obtaining employment; and ceding two-year period. Such record shall be ‘‘(II) to receive, to apply to take, or to ‘‘(v) the student’s right to reject any par- available for inspection by the State approv- take an examination required to receive a ticular type of financial aid or other assist- ing agency or the Secretary.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7339 ‘‘(2) Such materials shall include but are section (a), (c), or (d), which the Under Sec- educational institution by disapproving new not limited to any direct mail pieces, bro- retary shall provide to the educational insti- enrollments of eligible veterans and eligible chures, printed literature used by sales per- tution or owner within such period after persons in each course or program of edu- sons, films, video tapes, and audio tapes dis- making the preliminary finding as the Under cation offered by that educational institu- seminated through broadcast media, mate- Secretary shall establish for purposes of this tion. rial disseminated through print, digital, or clause, except that, in every case, such pe- ‘‘(iii) Revoke the approval of the courses electronic media, tear sheets, leaflets, hand- riod shall end before the date on which the and programs of education offered by the bills, fliers, and any sales or recruitment Under Secretary makes a final determina- educational institution by disapproving all manuals used to instruct sales personnel, tion under such paragraph; and enrollments of eligible veterans and eligible agents, or representatives of such institu- ‘‘(iv) include— persons in each course or program of edu- tion. ‘‘(I) a process for receipt of findings from a cation offered by that educational institu- ‘‘(e) AGREEMENT WITH FEDERAL TRADE third-party pertinent to this section; and tion. COMMISSION.—(1) The Secretary shall, pursu- ‘‘(II) a process for an educational institu- ‘‘(B) In deciding upon a course of action ant to section 3694 of this title, enter into an tion or an owner to provide such information under subparagraph (A), for the first viola- agreement with the Federal Trade Commis- as the educational institution or owner de- tion of this section, the Secretary shall con- sion to utilize, where appropriate, its serv- termines appropriate to the Secretary, in- sider the factors set forth in paragraph (2). ices and facilities, consistent with its avail- cluding information about corrective actions ‘‘(C) Subject to subsection (i), any repeat able resources, in carrying out investiga- the educational institution or owner may violation and final finding within five years tions and making the Under Secretary of have taken in response to preliminary find- of the first violation of this section shall re- Benefit’s preliminary findings under sub- ings under paragraph (1). sult in— section (g)(1). ‘‘(C) The process established under sub- ‘‘(i) a suspension of approval of new enroll- ‘‘(2) Such agreement shall provide that paragraph (A) shall not prohibit a State ap- ments as described in subparagraph (A)(ii) of cases arising under subsection (a) of this sec- proving agency from— this paragraph until reinstatement under tion or any similar matters with respect to ‘‘(i) independently investigating a poten- subsection (j); or any of the requirements of this chapter or tial violation of subsection (a), (c), or (d); or ‘‘(ii) a revocation of approval under this chapters 34 and 35 of this title may be re- ‘‘(ii) taking action if the State approving chapter as described in subparagraph (A)(iii) ferred to the Federal Trade Commission agency finds a violation of subsection (a), of this paragraph until reinstatement under which in its discretion will conduct an inves- (c), or (d). subsection (j). tigation and make preliminary findings. ‘‘(3) Upon a preliminary finding under this ‘‘(D) Subject to subsection (i), any third ‘‘(3) The findings and results of any inves- subsection of a violation of subsection (a), violation within three years of the second tigation under paragraph (2) shall be referred (c), or (d) by an educational institution, or violation of this section shall result in rev- to the Under Secretary for Benefits, who the owner of an educational institution, the ocation of approval under this chapter as de- shall take appropriate action under sub- Under Secretary shall require the edu- scribed in subparagraph (A)(iii) of this para- section (g) in such cases not later than 60 cational institution or owner to submit to graph until reinstatement under subsection days after the date of such referral. the Under Secretary a report prepared by an (j). ‘‘(E) Any action taken under subparagraph ‘‘(f) FINAL JUDGMENTS FROM OTHER FED- approved third-party auditor of the adver- (A) of this paragraph regarding a violation of ERAL AGENCIES.—Whenever the Secretary be- tising and enrollment practices of the edu- subsection (a), (c), or (d) by an educational comes aware of a final judgment by a Fed- cational institution or owner. institution or the owner of an educational eral agency against an educational institu- ‘‘(4)(A) Before making a final determina- tion under this subsection regarding a viola- institution shall be taken on or before the tion or owner of an educational institution tion of subsection (a), (c), or (d) by an edu- date that is 180 days after the date on which pertaining to substantial misrepresentation cational institution or owner of an edu- the Under Secretary provided notice to the described in subsection (b) or of other cred- cational institution, the Under Secretary educational institution or owner regarding ible evidence relating to a violation of sub- shall— the violation in accordance with the process section (a), the Secretary, in partnership ‘‘(i) review the practices of the educational established under subsection (g)(2)(B)(iii). with the applicable State approving agency, institution or owner that pertain to activi- ‘‘(2) The factors set forth in this paragraph shall— ties and practices covered by subsections (a), are the following: ‘‘(1) within 30 days, alert the educational (c), and (d); ‘‘(A) That the Secretary’s action brings institution or owner that it is at risk of los- ‘‘(ii) consider the results of a risk-based sufficient deterrence for future fraud against ing approval under this chapter of its courses survey conducted by a State approving agen- students and the programs of education car- or programs of education; cy, if available; and ried out under this title. Fraud against vet- ‘‘(2) provide the educational institution or ‘‘(iii) review— erans must be met with a repercussion owner 60 days to provide any information it ‘‘(I) the findings and information received strong enough to send a deterrent message wishes to the Secretary; pursuant to the processes established under to this and other educational institutions ‘‘(3) require the educational institution or paragraph (2)(B)(iii); and owners. owner to submit to the Secretary a report ‘‘(II) in a case in which a report was sub- ‘‘(B) That the educational institution has prepared by an approved third-party auditor mitted under subsection (f)(3), such report; secured an approved third-party auditor to of the advertising and enrollment practices ‘‘(III) the report submitted under para- verify the educational institution’s, or own- of the educational institution or owner; and graph (3)(B) of this subsection; er’s, advertising and enrollment practices for ‘‘(4) refer the matter to the Under Sec- ‘‘(IV) any findings and results submitted at least three years going forward. retary of Benefits, who may thereafter make under subsection (e)(3); ‘‘(C) That the educational institution or a preliminary finding under subsection (g). ‘‘(V) the marketing and outreach material owner has repudiated the deceptive practices ‘‘(g) PRELIMINARY FINDINGS, FINAL DETER- of the educational institution and the con- and has communicated to all employees that MINATIONS, AND PROCESSES.—(1) The Under tractors of the educational institution. deceptive practices will not be tolerated, and Secretary for Benefits shall make prelimi- ‘‘(B) The Under Secretary may not make a has instituted strong governance procedures nary findings and final determinations on final determination under this subsection to prevent recurrence. violations of subsections (a), (c), and (d). solely based on preliminary findings. ‘‘(D) That the educational institution has ‘‘(2)(A) The Under Secretary shall establish ‘‘(5) The Under Secretary may not delegate taken steps to remove any pressure on its a process for making preliminary findings authority to make a final determination enrollment recruiters, including by remov- and final determinations under paragraph under this subsection, including to any em- ing enrollment quotas and incentives for en- (1). ployee of the Department or to the Federal rollment. ‘‘(B) The process established under sub- Trade Commission. ‘‘(E) That the State approving agency or paragraph (A) shall— ‘‘(h) ENFORCEMENT.—(1)(A) Upon a final de- the Secretary acting in the role of the State ‘‘(i) clearly define what triggers an over- termination by the Under Secretary for Ben- approving agency, has completed a risk- sight visit by the Under Secretary for pur- efits under subsection (g) that an edu- based survey and determined the educational poses of enforcing subsections (a), (c), and cational institution or the owner of an edu- institution is worthy of serving eligible vet- (d); cational institution violated subsection (a), erans and eligible persons. ‘‘(ii) set forth factors an educational insti- (c), or (d), the Under Secretary shall, but ‘‘(3) Enforcement action under this section tution, or the owner of the educational insti- subject to subparagraphs (B), (C), and (D) of shall not preclude enforcement action under tution, must meet in order to retain ap- this paragraph, take one of the following ac- section 3690 of this title. proval status under this section, including tions independent of any actions taken under ‘‘(4) No action may be carried out under with respect to the factors set forth under section 3690 of this title: this subsection with respect to a final deter- subsection (h)(2); ‘‘(i) Publish a caution flag on the GI Bill mination by the Under Secretary under sub- ‘‘(iii) include a process for the provision of Comparison Tool, or successor tool, about section (g) while such final determination is notice to an educational institution, or the that educational institution and alert its pending review under subsection (i). owner of the educational institution, that currently enrolled eligible veterans and eli- ‘‘(i) APPEALS.—(1) The Secretary shall es- the Under Secretary has made a preliminary gible persons. tablish a process by which an educational in- finding under paragraph (1) that the edu- ‘‘(ii) Suspend the approval of the courses stitution or the owner of an educational in- cation institution or owner has violated sub- and programs of education offered by the stitution that is the subject of more than

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7340 CONGRESSIONAL RECORD — SENATE December 9, 2020 one final determination by the Under Sec- vey the State approving agency considers ap- during the period beginning on the date that retary under subsection (g)(1) that the edu- propriate at any educational institution that is 120 days before the date of such closure or cational institution or owner violated sub- it considers appropriate for oversight pur- discontinuance and ending on the date of section (a), may request a review of the most poses. such closure or discontinuance, as the case recent final determination. ‘‘(l) DEFINITIONS.—In this section: may be. ‘‘(2)(A) The Secretary shall— ‘‘(1) The term ‘approved third-party audi- ‘‘(C) This paragraph shall apply with re- ‘‘(i) review each final determination for tor’ means an independent third-party audi- spect to a course or program of education which a review is requested under paragraph tor that is approved by the Secretary for closed or discontinued before September 30, (1); and purposes of third-party audits under this sec- 2023.’’. ‘‘(ii) pursuant to such review, issue a final tion. (b) EFFECTIVE DATE.—The amendment decision sustaining, modifying, or over- ‘‘(2) The term ‘risk-based survey’ means made by subsection (a) shall take effect on turning the final determination. the risk-based survey developed under sec- August 1, 2021. ‘‘(B) The Secretary may not delegate any tion 3673A of this title.’’. SEC. 1022. DEPARTMENT OF VETERANS AFFAIRS decision under subparagraph (A). (2) CLERICAL AMENDMENT.—The table of TREATMENT OF FOR-PROFIT EDU- ‘‘(C)(i) Review under subparagraph (A)(i) of sections at the beginning of chapter 36 of CATIONAL INSTITUTIONS CON- this paragraph shall be the exclusive avenue such title is amended by striking the item VERTED TO NONPROFIT EDU- for review of a final determination under relating to section 3696 and inserting the fol- CATIONAL INSTITUTIONS. subsection (g)(1). lowing new item: (a) IN GENERAL.—Subchapter II of chapter ‘‘(ii) A decision issued pursuant to a review ‘‘3696. Prohibition on certain advertising, 36 of title 38, United States Code, is amended under subparagraph (A)(i) may not be ap- sales, and enrollment prac- by adding at the end the following new sec- pealed to the Secretary for review under sec- tices.’’. tion: tion 7104(a) of this title. (b) REQUIREMENTS FOR NONACCREDITED ‘‘(3)(A) Not later than 30 days after the ‘‘§ 3699B. Treatment of certain for-profit edu- COURSES.—Paragraph (10) of section 3676(c) of date on which the Secretary issues a final cational institutions such title is amended to read as follows: decision under paragraph (2)(A)(ii), the Sec- ‘‘(a) IN GENERAL.—In the case of any for- ‘‘(10) The institution, and any entity that retary shall submit to Congress a report on profit educational institution that is con- owns the institution, does not engage in sub- such final decision. verted to a nonprofit educational institu- stantial misrepresentation described in sec- ‘‘(B) A report submitted under subpara- tion, the State approving agency or the Sec- tion 3696(e) of this title. The institution shall graph (A) shall include the following: retary when acting as a State approving not be deemed to have met this requirement ‘‘(i) An outline of the decisionmaking proc- agency shall conduct annual risk-based sur- until the State approving agency— ess of the Secretary that led to the final de- veys of the institution during the three-year ‘‘(A) has ascertained that no Federal de- cision described in subparagraph (A). period beginning on the date on which the partment or agency has taken a punitive ac- ‘‘(ii) Any relevant material used to make educational institution is so converted. tion, not including a settlement agreement, the final decision under paragraph (2)(A)(ii), against the school for misleading or decep- ‘‘(b) RISK-BASED SURVEY DEFINED.—In this including risk-based surveys and documenta- tive practices; section, the term ‘risk-based survey’ means tion from the educational institution or the ‘‘(B) has, if such an order has been issued, the risk-based survey developed under sec- owners of the educational institution. given due weight to that fact; and tion 3673A of this title.’’. ‘‘(iii) Materials that were submitted to the ‘‘(C) has reviewed the complete record of (b) CLERICAL AMENDMENT.—The table of Secretary after the date of the final deter- advertising, sales, or enrollment materials sections at the beginning of such chapter is mination under subsection (g) that was the (and copies thereof) used by or on behalf of amended by inserting after the item relating subject of the final decision under paragraph the institution during the preceding 12- to section 3699A the following new item: (2)(A)(ii) of this subsection and before the month period.’’. ‘‘3699B. Treatment of certain for-profit edu- date on which the Secretary issued such (c) APPLICATION DATE.—The amendments cational institutions.’’. final decision. made by this section shall take effect on Au- (c) APPLICABILITY.—Section 3699B of title ‘‘(j) REINSTATEMENT OF APPROVAL.—(1) If gust 1, 2021. an educational institution or the owner of an 38, United States Code, as added by sub- educational institution has had the approval SEC. 1021. CHARGE TO ENTITLEMENT TO EDU- section (a), shall apply with respect to the CATIONAL ASSISTANCE FOR INDI- of the courses or programs of education of conversion of a for-profit educational insti- VIDUALS WHO DO NOT TRANSFER tution to a nonprofit educational institution the educational institution suspended as de- CREDITS FROM CERTAIN CLOSED scribed in clause (ii) of subsection (h)(1)(A) that occurs on or after the date of the enact- OR DISAPPROVED PROGRAMS OF ment of this Act. or revoked as described in clause (iii) of such EDUCATION. subsection for a violation of subsection (a), (a) IN GENERAL.—Subsection (c) of section SEC. 1023. AUTHORITY OF STATE APPROVING (c), or (d) pursuant to subparagraph (C) or 3699 of title 38, United States Code, is amend- AGENCIES TO CONDUCT OUTREACH (D) of subsection (h)(1), the educational in- ed to read as follows: ACTIVITIES. stitution or owner may submit to the appli- ‘‘(c) PERIOD NOT CHARGED.—(1) The period Section 3673 of title 38, United States Code, cable State approving agency or the Sec- for which, by reason of this subsection, edu- as amended by section 1014 of this title, is retary when acting as a State approving cational assistance is not charged against further amended by adding at the end the agency an application for reinstatement of entitlement or counted toward the applica- following new subsection: approval under this subsection. ble aggregate period under section 3695 of ‘‘(f) OUTREACH ACTIVITIES.—(1) A State ap- ‘‘(2) Approval under this chapter may not this title shall not exceed the aggregate of— proving agency may conduct outreach ac- be reinstated under this subsection until— ‘‘(A) the portion of the period of enroll- tivities if— ‘‘(A) the educational institution or owner ment in the course from which the individual ‘‘(A) the State approving agency has prop- submits to the applicable State approving did not receive credit or with respect to erly conducted its enforcement and approval agency or the Secretary when acting as a which the individual lost training time, as of courses and programs of education under State approving agency an application for determined under subsection (b)(2); and this chapter; and reinstatement of approval under paragraph ‘‘(B) the period by which a monthly stipend ‘‘(B) funds are still available to do so. (1); is extended under section 3680(a)(2)(B) of this ‘‘(2) For purposes of paragraph (1)(A), a ‘‘(B) the date that is 540 days after the date title. State approving agency shall be considered of the most recent suspension or revocation ‘‘(2)(A) An individual described in subpara- to have properly conducted its enforcement described in paragraph (1) of the educational graph (B) who transfers fewer than 12 credits and approval of courses and programs of edu- institution or owner; from a program of education that is closed or cation under this chapter if the State ap- ‘‘(C) the educational institution submits a disapproved as described in subsection (b)(1) proving agency has— report by an approved third-party auditor on shall be deemed to be an individual who did ‘‘(A) met fulfilled its requirements pursu- the advertising and enrollment practices of not receive such credits, as described in sub- ant to the applicable cooperative agreements the educational institution, including those section (b)(2), except that the period for between the State approving agency and the of its third-party contractors; which such individual’s entitlement is not Department relating to the oversight and ap- ‘‘(D) procedures are in place to prevent any charged shall be the entire period of the indi- proval of courses and programs of education future violation of subsection (a), (c), or (d); vidual’s enrollment in the program of edu- under this chapter; and ‘‘(E) that the educational institution has cation. In carrying out this subparagraph, ‘‘(B) completed a risk-based survey of any met all factors set forth in subsection (h)(2); the Secretary, in consultation with the Sec- course or program of education determined and retary of Education, shall establish proce- to be of questionable quality or at risk by ‘‘(F) the Secretary agrees to such rein- dures to determine whether the individual any Federal or State agency or any accred- statement. transferred credits to a comparable course or iting agency. ‘‘(k) RULE OF CONSTRUCTION REGARDING program of education. ‘‘(3) Outreach activities conducted under STATE APPROVING AGENCIES AND RISK-BASED ‘‘(B) An individual described in this sub- paragraph (1) shall be carried out using SURVEYS.—Nothing in this section shall be paragraph is an individual who is enrolled in amounts derived from amounts not specifi- construed to prohibit a State approving a course or program of education closed or cally appropriated to carry out this sub- agency from conducting any risk-based sur- discontinued as described in subsection (b)(1) section.’’.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7341 SEC. 1024. LIMITATION ON COLOCATION AND AD- note prec.), but in no case may the Secretary (2) be counted against the aggregate period MINISTRATION OF STATE APPROV- provide more than a total of four weeks of for which section 3695 of title 38, United ING AGENCIES. additional educational assistance by reason States Code, limits the receipt of edu- (a) IN GENERAL.—Section 3671 of title 38, of section 4 of the Student Veteran cational assistance by such individual. United States Code, is amended by adding at Coronavirus Response Act of 2020 (Public (b) EDUCATIONAL ASSISTANCE DESCRIBED.— the end the following new subsection: Law 116–140; 38 U.S.C. 3680 note) and this sec- Subject to subsection (d), the payment of ‘‘(c) A State department or agency may tion. educational assistance described in this sub- not be recognized as a State approving agen- (b) HOUSING AND ALLOWANCES.—In pro- section is the payment of such assistance to cy designated under this section if such viding educational assistance to an indi- an individual for pursuit of a course or pro- State department or agency is administered vidual pursuant to subsection (a), the Sec- gram of education at an educational institu- at or colocated with a university or univer- retary may— tion under chapter 30, 31, 32, 33, or 35 of title sity system whose courses or programs of (1) continue to pay a monthly housing sti- 38, United States Code, or chapter 1606 of education would be subject to approval under pend under chapter 33 of title 38, United title 10, United States Code, if the Secretary this chapter by the State approving agency States Code, during a month the individual determines that the individual— in that State.’’. would have been enrolled in a program of (1) was unable to complete such course or (b) EFFECTIVE DATE.—The amendment education or training but for the COVID–19 program as a result of— made by subsection (a) shall take effect on emergency at the same rate such stipend (A) the closure of the educational institu- the date that is 180 days after the date of the would have been payable if the individual tion, or the full or partial cancellation of a enactment of this Act. had not been negatively affected by the course or program of education, by reason of SEC. 1025. ELIMINATION OF PERIOD OF ELIGI- COVID–19 emergency, except that the total the COVID-19 emergency; or BILITY FOR TRAINING AND REHA- number of weeks for which stipends may (B) the disapproval of the course or a BILITATION FOR CERTAIN VET- continue to be so payable may not exceed course that is a necessary part of that pro- ERANS WITH SERVICE-CONNECTED four weeks; and gram under chapter 36 of title 38, United DISABILITIES. (2) continue to pay payments or subsist- States Code, because the course was modi- (a) IN GENERAL.—Section 3103 of title 38, ence allowances under chapters 30, 31, 32, 33, fied by reason of such emergency; and United States Code, is amended— and 35 of such title and chapter 1606 of title (2) did not receive credit or lost training (1) in subsection (a), by striking ‘‘or (e)’’ 10, United States Code, during a month for a time, toward completion of the program of and inserting ‘‘(e), or (g)’’; and period of time that the individual would education being so pursued. (2) by adding at the end the following new have been enrolled in a program of education (c) HOUSING ASSISTANCE.—In this section, subsection: or training but for the COVID–19 emergency, educational assistance includes, as applica- ‘‘(g) Subsection (a) shall not apply to a vet- except that the total number of weeks for ble— eran who was discharged or released from ac- which payments or allowances may continue (1) monthly housing stipends payable tive military, naval, or air service on or to be so payable may not exceed four weeks. under chapter 33 of title 38, United States after January 1, 2013.’’. (c) DETERMINATION OF NEGATIVE EFFECTS.— Code, for any month the individual would (b) CONFORMING AMENDMENT.—Section 6(c) The Secretary shall determine that an indi- have been enrolled in a course or program of of the Student Veteran Coronavirus Re- vidual was negatively affected by the education; and sponse Act of 2020 (134 Stat. 633; Public Law COVID–19 emergency if— (2) payments or subsistence allowances 116–140) is amended by striking paragraph (1). (1) the individual is enrolled in a covered under chapters 30, 31, 32, and 35 of such title Subtitle B—Pandemic Assistance program of education of an educational in- and chapter 1606 of title 10, United States SEC. 1101. DEFINITIONS. stitution or enrolled in training at a training Code, during a month the individual would In this subtitle: establishment and is pursuing such program have been enrolled in a course or program of (1) COVERED PROGRAM OF EDUCATION.—The or training using educational assistance education. term ‘‘covered program of education’’ means under the laws administered by the Sec- (d) PERIOD NOT CHARGED.—The period for which, by reason of this subsection, edu- a program of education (as defined in section retary; cational assistance is not charged against 3002 of title 38, United States Code) approved (2) the educational institution or training entitlement or counted toward the applica- by a State approving agency, or the Sec- establishment certifies to the Secretary that ble aggregate period under section 3695 of retary of Veterans Affairs when acting in the such program or training is truncated, de- title 38, United States Code, shall not exceed role of a State approving agency. layed, relocated, canceled, partially can- celed, converted from being on-site to being the aggregate of— (2) COVID–19 EMERGENCY.—The term (1) the portion of the period of enrollment ‘‘COVID–19 emergency’’ means the public offered by distance learning, or otherwise modified or made unavailable by reason of in the course from which the individual did health emergency declared pursuant to sec- not receive credit or with respect to which tion 319 of the Public Health Service Act on the COVID–19 emergency; and (3) the Secretary determines that the the individual lost training time, as deter- January 31, 2020, entitled ‘‘Determination mined under subsection (b)(2); and that a Public Health Emergency Exists Na- modification to such program or training specified under paragraph (2) would reduce (2) the period by which a monthly stipend tionwide as the Result of the 2019 Novel is extended under section 3680(a)(2)(B) of Coronavirus’’. the amount of educational assistance (in- cluding with respect to monthly housing sti- title 38, United States Code. (3) EDUCATIONAL INSTITUTION.—The term (e) CONTINUING PURSUIT OF DISAPPROVED pends, payments, or subsistence allowances) ‘‘educational institution’’ has the meaning COURSES.— that would be payable to the individual but given that term in section 3452(c) of title 38, (1) IN GENERAL.—The Secretary may treat United States Code, and includes an institu- for the COVID–19 emergency. a course of education that is disapproved (d) EFFECT ON ENTITLEMENT PERIOD.—If the tion of higher learning (as defined in such under chapter 36 of title 38, United States Secretary determines that an individual who section). Code, as being approved under such chapter received assistance under this section did (4) STATE APPROVING AGENCY.—The term with respect to an individual described in ‘‘State approving agency’’ has the meaning not make progress toward the completion of the program of education in which the indi- paragraph (2) if the Secretary determines, on given that term in section 3671 of title 38, vidual is enrolled during the period for which a programmatic basis, that— United States Code. the individual received such assistance, any (A) such disapproval is the result of an ac- (5) TRAINING ESTABLISHMENT.—The term assistance provided pursuant to this section tion described in subsection (b)(1)(B); and ‘‘training establishment’’ has the meaning shall not be counted for purposes of deter- (B) continuing pursuing such course is in given that term in section 3452(e) of title 38, mining the total amount of an individual’s the best interest of the individual. United States Code. entitlement to educational assistance, hous- (2) INDIVIDUAL DESCRIBED.—An individual (6) TRAINING.—The term ‘‘training’’ in- ing stipends, or payments or subsistence al- described in this paragraph is an individual cludes on-job training and apprenticeship lowances under chapters 30, 31, 32, and 35 of who is pursuing a course of education at an programs and vocational rehabilitation pro- such title and chapter 1606 of title 10, United educational institution under chapter 30, 31, grams. States Code. 32, 33, or 35 of title 38, United States Code, or SEC. 1102. CONTINUATION OF DEPARTMENT OF (e) APPLICABILITY PERIOD.—This section chapter 1606 of title 10, United States Code, VETERANS AFFAIRS EDUCATIONAL shall apply during the period beginning on as of the date on which the course is dis- ASSISTANCE BENEFITS DURING March 1, 2020, and ending on December 21, approved as described in subsection (b)(1)(B). COVID–19 EMERGENCY. 2021. (f) STATUS AS FULL-TIME STUDENT FOR PUR- (a) AUTHORITY.—If the Secretary of Vet- SEC. 1103. EFFECTS OF CLOSURE OF EDU- POSES OF HOUSING STIPEND CALCULATION.—In erans Affairs determines under subsection (c) CATIONAL INSTITUTION AND MODI- the case of an individual who, as of the first that an individual is negatively affected by FICATION OF COURSES BY REASON day of the COVID-19 emergency was enrolled the COVID–19 emergency, the Secretary may OF COVID-19 EMERGENCY. on a full-time basis in a program of edu- provide educational assistance to that indi- (a) CLOSURE OR DISAPPROVAL.—Any pay- cation and was receiving educational assist- vidual under the laws administered by the ment of educational assistance described in ance under chapter 33 of title 38, United Secretary as if such negative effects did not subsection (b) shall not— States Code, or subsistence allowance under occur. The authority under this section is in (1) be charged against any entitlement to chapter 31 of such title, and for whom the addition to the authority provided under sec- educational assistance of the individual con- Secretary makes a determination under sub- tion 1 of Public Law 116–128 (38 U.S.C. 3001 cerned; or section (b), the individual shall be treated as

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7342 CONGRESSIONAL RECORD — SENATE December 9, 2020 an individual enrolled in a program of edu- Code, by subsection (c) of such section 6 is SEC. 1107. INCLUSION OF TRAINING ESTABLISH- cation on a full-time basis for the purpose of amended— MENTS IN CERTAIN PROVISIONS RE- calculating monthly housing stipends pay- (1) in paragraph (1), by striking ‘‘the period LATED TO COVID-19 EMERGENCY. able under chapter 33 of title 38, United the individual is so prevented from partici- (a) CONTINUATION OF BENEFITS.—Section 1 States Code, or subsistence allowance pay- pating such program’’ and inserting ‘‘the pe- of Public Law 116–128 is amended— able under chapter 31 of such title, for any riod beginning on March 1, 2020, and ending (1) in subsection (a), by inserting ‘‘or a month the individual is enrolled in the pro- on December 21, 2021’’; and training establishment’’ after ‘‘an edu- cational institution’’; and gram of education on a part-time basis to (2) in paragraph (2), by striking ‘‘the first (2) in subsection (c), by adding at the end complete any course of education that was day after the individual is able to resume the following new paragraph: partially or fully canceled by reason of the participation in such program’’ and inserting ‘‘(4) TRAINING ESTABLISHMENT.—The term COVID-19 emergency. ‘‘December 22, 2021’’. ‘training establishment’ has the meaning (g) NOTICE OF CLOSURES.—Not later than 5 given such term in section 3452(e) of title 38, business days after the date on which the SEC. 1106. APPRENTICESHIP OR ON-JOB TRAIN- ING REQUIREMENTS. United States Code.’’. Secretary receives notice that an edu- (b) PAYMENT OF ALLOWANCES.—Section (a) IN GENERAL.—During the period de- cational institution will close or is closed by 4(a)(1) of the Student Veteran Coronavirus scribed in subsection (b), subsection (e) of reason of the COVID-19 emergency, the Sec- Response Act of 2020 (Public Law 116–140; 38 retary shall provide to each individual who section 3687 of title 38, United States Code, U.S.C. 3680 note) is amended by inserting ‘‘or is enrolled in a course or program of edu- shall be applied by substituting the following a training establishment’’ after ‘‘educational cation at such educational institution using for paragraph (2): institution’’. entitlement to educational assistance under ‘‘(2)(A) Subject to subparagraphs (B) and (c) PROHIBITION OF CHARGE TO ENTITLE- chapter 30, 31, 32, 33, or 35 of title 38, United (C), for any month in which an individual MENT.—The subparagraph (C) temporarily States Code, or chapter 1606 of title 10, fails to complete 120 hours of training, the added to section 3699(b)(1) of title 38, United United States Code, notice of— entitlement otherwise chargeable under States Code, by section 5 of the Student Vet- (1) such closure and the date of such clo- paragraph (1) shall be reduced in the same eran Coronavirus Response Act of 2020 (Pub- sure; and proportion as the monthly training assist- lic Law 116–140; 38 U.S.C. 3699 note) is amend- (2) the effect of such closure on the individ- ance allowance payable is reduced under sub- ed by inserting ‘‘or training establishment’’ ual’s entitlement to educational assistance section (b)(3). after ‘‘educational institution’’. pursuant to this section. ‘‘(B) In the case of an individual who is un- (d) EXTENSION OF TIME LIMITATIONS.— (h) APPLICABILITY.—This section shall employed during any month, the 120-hour re- (1) MGIB.—The subsection (i) temporarily apply with respect to the closure of an edu- quirement under subparagraph (A) for that added to section 3031 of title 38, United cational institution, or the cancellation or month shall be reduced proportionately to States Code, by subsection (a) of section 6 of modification of a course or program of edu- reflect the individual’s period of unemploy- the Student Veteran Coronavirus Response cation, that occurs during the period begin- ment, except that the amount of monthly Act of 2020 (Public Law 116–140), as amended ning on March 1, 2020, and ending on Decem- training assistance otherwise payable to the by section 1105 of this title, is further ber 21, 2021. individual under subsection (b)(3) shall not amended by inserting ‘‘or training establish- SEC. 1104. PAYMENT OF EDUCATIONAL ASSIST- be reduced. ment’’ after ‘‘educational institution’’. ANCE IN CASES OF WITHDRAWAL. ‘‘(C) Any period during which an individual (2) TRANSFER PERIOD.—The subparagraph (a) IN GENERAL.—In the case of any indi- is unemployed shall not— (C) temporarily added to section 3319(h)(5) of vidual who withdraws from a program of ‘‘(i) be charged against any entitlement to such title by section 6 of the Student Vet- education or training, other than a program educational assistance of the individual; or eran Coronavirus Response Act of 2020 (Pub- by correspondence, in an educational institu- ‘‘(ii) be counted against the aggregate pe- lic Law 116–140) is amended by inserting ‘‘or tion under chapter 31, 34, or 35 of title 38, riod for which section 3695 of this title limits training establishment’’ after ‘‘educational United States Code, for a covered reason dur- the receipt of educational assistance by such institution’’. ing the period beginning on March 1, 2020, individual. SEC. 1108. TREATMENT OF PAYMENT OF ALLOW- and ending on December 21, 2021, the Sec- ‘‘(D) Any amount by which the entitlement ANCES UNDER STUDENT VETERAN retary of Veterans Affairs shall find miti- of an individual is reduced under subpara- CORONAVIRUS RESPONSE ACT. Section 4 of the Student Veteran gating circumstances for purposes of section graph (A) shall not— Coronavirus Response Act of 2020 (Public 3680(a)(1)(C)(ii) of title 38, United States ‘‘(i) be charged against any entitlement to Law 116–140) is amended— Code. educational assistance of the individual; or (1) in subsection (b)— (b) COVERED REASON.—In this section, the ‘‘(ii) be counted against the aggregate pe- (A) by striking ‘‘may not exceed four term ‘‘covered reason’’ means any reason re- riod for which section 3695 of this title limits weeks.’’ and inserting ‘‘may not exceed the lated to the COVID-19 emergency, includ- the receipt of educational assistance by such shorter of the following:’’; and ing— individual. (B) by adding at the end the following new (1) illness, quarantine, or social distancing ‘‘(E) In the case of an individual who fails paragraphs: requirements; to complete 120 hours of training during a ‘‘(1) The period of time that the eligible (2) issues associated with COVID-19 testing month, but who completed more than 120 veteran or eligible person would have been accessibility; hours of training during the preceding enrolled in a program of education or train- (3) access or availability of childcare; month, the individual may apply the number ing but for the emergency situation. (4) providing care for a family member or of hours in excess of 120 that the individual ‘‘(2) Four weeks.’’; and cohabitants; completed for that month to the month for (2) by adding at the end the following new (5) change of location or residence due to which the individual failed to complete 120 subsection: COVID-19 or associated school closures; hours. If the addition of such excess hours results in a total of 120 hours or more, the in- ‘‘(e) ENTITLEMENT NOT CHARGED.—Any pay- (6) employment changes or financial hard- ment of allowances under this section shall ship; and dividual shall be treated as an individual who has completed 120 hours of training for not— (7) issues associated with changes in for- ‘‘(1) be charged against any entitlement to mat or medium of instruction. that month. Any excess hours applied to a different month under this subparagraph educational assistance of the eligible veteran SEC. 1105. MODIFICATION OF TIME LIMITATIONS or eligible person concerned; or ON USE OF ENTITLEMENT. may only be applied to one such month. ‘‘(F) This paragraph applies to amounts de- ‘‘(2) be counted against the aggregate pe- (a) MONTGOMERY GI BILL.—The subsection riod for which section 3695 of this title 38, (i) temporarily added to section 3031 of title scribed in section 3313(g)(3)(B)(iv) and sec- tion 3032(c)(2) of this title and section United States Code, limits the receipt of 38, United States Code, by subsection (a) of educational assistance by such eligible vet- section 6 of the Student Veteran Coronavirus 16131(d)(2) of title 10. ‘‘(G) In this paragraph: eran or eligible person.’’. Response Act of 2020 (Public Law 116–140) is TITLE II—BENEFITS amended— ‘‘(i) The term ‘unemployed’ includes being Subtitle A—Benefits Generally (1) in paragraph (1), by striking ‘‘the period furloughed or being scheduled to work zero the individual is so prevented from pursuing hours. SEC. 2001. REVISION OF DEFINITION OF VIETNAM such program’’ and inserting ‘‘the period be- ‘‘(ii) The term ‘fails to complete 120 hours ERA FOR PURPOSES OF THE LAWS ADMINISTERED BY THE SECRETARY ginning on March 1, 2020, and ending on De- of training’ means, with respect to an indi- vidual, that during any month, the indi- OF VETERANS AFFAIRS. cember 21, 2021’’; and Section 101(29)(A) of title 38, United States (2) in paragraph (2), by striking ‘‘the first vidual completes at least one hour, but fewer than 120 hours, of training, including in a Code, is amended by striking ‘‘February 28, day after the individual is able to resume 1961’’ and inserting ‘‘November 1, 1955’’. pursuit of a program of education with edu- case in which the individual is unemployed for part of, but not the whole, month.’’. SEC. 2002. MATTERS RELATING TO DEPARTMENT cational assistance under this chapter’’ and OF VETERANS AFFAIRS MEDICAL inserting ‘‘December 22, 2021’’. (b) APPLICABILITY PERIOD.—The period de- DISABILITY EXAMINATIONS. (b) VOCATIONAL REHABILITATION AND TRAIN- scribed in this section is the period begin- (a) TEMPORARY CLARIFICATION OF LICEN- ING.—The subsection (g) temporarily added ning on March 1, 2020, and ending on Decem- SURE REQUIREMENTS FOR CONTRACTOR MED- to section 3103 of title 38, United States ber 21, 2021. ICAL PROFESSIONALS TO PERFORM MEDICAL

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7343

DISABILITY EXAMINATIONS FOR THE DEPART- ogists, and psychologists of the Veterans (b) SPECIAL PENSION FOR SURVIVING MENT OF VETERANS AFFAIRS UNDER PILOT Health Administration with respect to com- SPOUSES.— PROGRAM FOR USE OF CONTRACT PHYSICIANS pleting medical examinations described in (1) SURVIVING SPOUSE BENEFIT.—Such sub- FOR DISABILITY EXAMINATIONS.— subsection (b). section is further amended— (1) IN GENERAL.—Subsection (c) of section (B) The total number of full-time equiva- (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 504 of the Veterans’ Benefits Improvements lent employees among all physician assist- (B) by adding at the end the following new Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 ants, nurse practitioners, audiologists, and paragraph: note) is amended to read as follows: psychologists needed for the increases de- ‘‘(2)(A) Except as provided in subpara- ‘‘(c) LICENSURE OF CONTRACT HEALTH CARE scribed in subparagraph (A). graphs (B) and (C), the Secretary shall pay PROFESSIONALS.— (C) An assessment regarding the impor- special pension under this section to the sur- ‘‘(1) IN GENERAL.—Notwithstanding any law tance of retaining a critical knowledge base viving spouse of a person whose name has regarding the licensure of health care profes- within the Department for performing med- been entered on the Army, Navy, Air Force, sionals, a health care professional described ical examinations for veterans filing claims and Coast Guard Medal of Honor Roll and a in paragraph (2) may conduct an examina- for compensation under chapters 11 and 13 of copy of whose certificate has been delivered tion pursuant to a contract entered into title 38, United States Code, including with to the Secretary under section 1134a(d) of under subsection (a) at any location in any respect to military sexual trauma, post-trau- title 10. State, the District of Columbia, or a Com- matic stress disorder, traumatic brain in- ‘‘(B) No special pension shall be paid to a monwealth, territory, or possession of the jury, and toxic exposure. surviving spouse of a person under this sec- United States, so long as the examination is (3) COLLABORATION.—The Secretary shall tion unless such surviving spouse was mar- within the scope of the authorized duties collaborate with the veterans community ried to such person— under such contract. and stakeholders in the preparation of the ‘‘(i) for one year or more prior to the vet- ‘‘(2) HEALTH CARE PROFESSIONAL DE- report required by paragraph (1). eran’s death; or SCRIBED.—A health care professional de- (4) APPROPRIATE COMMITTEES OF CONGRESS ‘‘(ii) for any period of time if a child was scribed in this paragraph is a physician, phy- DEFINED.—In this subsection, the term ‘‘ap- born of the marriage, or was born to them sician assistant, nurse practitioner, audiol- propriate committees of Congress’’ means— before the marriage. ogist, or psychologist, who— (A) the Committee on Veterans’ Affairs ‘‘(C) No special pension shall be paid to a ‘‘(A) has a current unrestricted license to and the Committee on Appropriations of the surviving spouse of a person under this sec- practice the health care profession of the Senate; and tion if such surviving spouse is receiving physician, physician assistant, nurse practi- (B) the Committee on Veterans’ Affairs benefits under section 1311 or 1318 of this tioner, audiologist, or psychologist, as the and the Committee on Appropriations of the title.’’. case may be; House of Representatives. (2) CONFORMING AMENDMENTS.— ‘‘(B) is not barred from practicing such (d) COMPTROLLER GENERAL OF THE UNITED (A) IN GENERAL.—Such section is amend- health care profession in any State, the Dis- STATES REVIEW.— ed— trict of Columbia, or a Commonwealth, terri- (1) REVIEW REQUIRED.—Not later than 360 (i) in subsection (d), by inserting ‘‘or mar- tory, or possession of the United States; and days after the date of the enactment of this ried to more than one person who has been ‘‘(C) is performing authorized duties for Act, the Comptroller General of the United awarded a medal of honor,’’ after ‘‘honor,’’; the Department of Veterans Affairs pursuant States shall commence a review of the im- and to a contract entered into under subsection plementation of the pilot program author- (ii) in subsection (f)(1), by striking ‘‘this (a).’’. ized under subsection (a) of section 504 of the section’’ and inserting ‘‘paragraph (1) of sub- (2) PURPOSE.—The purpose of the amend- Veterans’ Benefits Improvements Act of 1996 section (a), or under paragraph (2) of such ment made by paragraph (1) is to expand the (Public Law 104–275; 38 U.S.C. 5101 note). subsection in the case of a posthumous entry license portability for physicians assistants, (2) ELEMENTS.—The review conducted on the Army, Navy, Air Force, and Coast nurse practitioners, audiologists, and psy- under paragraph (1) shall include the fol- Guard Medal of Honor Roll,’’. chologists to supplement the capacity of em- lowing: (B) SPECIAL PROVISIONS RELATING TO MAR- ployees of the Department to provide med- (A) An assessment of the use of subsection RIAGES.—Section 103(d)(5) of such title is ical examinations described in subsection (c) of section 504 of such Act, as amended by amended by adding at the end the following (b). subsection (a)(1) of this section. new subparagraph: (3) RULE OF CONSTRUCTION.—The amend- (B) Efforts to retain and recruit medical ‘‘(E) Section 1562(a)(2), relating to Medal of ment made by paragraph (1) shall not be con- examiners as employees of the Department. Honor special pension.’’. strued to affect the license portability for (C) Use of telehealth for medical examina- (3) EFFECTIVE DATE.—The amendments physicians in effect under section 504(c) of tions described in subsection (b) that are ad- made by this subsection shall apply with re- such Act as in effect on the day before the ministered by the Department. spect to payment of pension under section date of the enactment of this Act. (e) BRIEFING ON RECOMMENDATIONS OF 1562 of title 38, United States Code, for (4) SUNSET.—On the date that is three COMPTROLLER GENERAL OF THE UNITED months beginning after the date of the en- years after the date of the enactment of this STATES.—Not later than 60 days after the actment of this Act. Act, subsection (c) of such section shall read date of the enactment of this Act, the Sec- SEC. 2004. MODERNIZATION OF SERVICE-DIS- as it read on the day before the date of the retary shall provide to the Committee on ABLED VETERANS INSURANCE. enactment of this Act. Veterans’ Affairs of the Senate and the Com- (a) ESTABLISHMENT OF MODERNIZED PRO- (b) TEMPORARY HALT ON ELIMINATION OF mittee on Veterans’ Affairs of the House of GRAM.— MEDICAL EXAMINER POSITIONS IN DEPART- Representatives a briefing on how the Sec- (1) IN GENERAL.—Chapter 19 of title 38, MENT OF VETERANS AFFAIRS.—The Secretary retary will implement the recommendations United States Code, is amended by inserting of Veterans Affairs shall temporarily sus- of the Comptroller General of the United after section 1922A the following new sec- pend the efforts of the Secretary in effect on States regarding— tion: the day before the date of the enactment of (1) the monitoring of the training of pro- ‘‘§ 1922B. Service-disabled veterans insurance this Act to eliminate medical examiner posi- viders of examinations pursuant to contracts tions in the Department of Veterans Affairs under section 504 of the Veterans’ Benefits ‘‘(a) INSURANCE.—(1) Beginning January 1, until the number of individuals awaiting a Improvements Act of 1996 (Public Law 104– 2023, the Secretary shall carry out a service- medical examination with respect to medical 275; 38 U.S.C. 5101 note); and disabled veterans insurance program under disability of the individuals for benefits (2) ensuring such providers receive such which a veteran is granted insurance by the under laws administered by the Secretary training. United States against the death of such indi- that are carried out through the Under Sec- (f) HOLDING UNDERPERFORMING CONTRACT vidual occurring while such insurance is in retary for Benefits is equal to or less than MEDICAL EXAMINERS ACCOUNTABLE.—The force. the number of such individuals who were Secretary shall take such actions as may be ‘‘(2) The Secretary may only issue whole- awaiting such a medical examination with necessary to hold accountable the providers life policies under the insurance program respect to such purposes on March 1, 2020. of medical examinations pursuant to con- under paragraph (1). (c) REPORT ON PROVISION OF MEDICAL EX- tracts under section 504 of the Veterans’ ‘‘(3) The Secretary may not grant insur- AMINATIONS.— Benefits Improvements Act of 1996 (Public ance to a veteran under paragraph (1) un- (1) IN GENERAL.—Not later than 180 days Law 104–275; 38 U.S.C. 5101 note) who are less— after the date of the enactment of this Act, underperforming in the meeting of the needs ‘‘(A) the veteran submits the application the Secretary shall submit to the appro- of veterans through the performance of med- for such insurance before the veteran attains priate committees of Congress a report on ical examinations pursuant to such con- 81 years of age; or the provision of medical examinations de- tracts. ‘‘(B) with respect to a veteran who has at- scribed in subsection (b) by the Department. SEC. 2003. MEDAL OF HONOR SPECIAL PENSION tained 81 years of age— (2) CONTENTS.—The report submitted under FOR SURVIVING SPOUSES. ‘‘(i) the veteran filed a claim for compensa- paragraph (1) shall cover the following: (a) CODIFICATION OF CURRENT RATE OF SPE- tion under chapter 11 of this title before at- (A) How the Secretary will increase the ca- CIAL PENSION.—Subsection (a) of section 1562 taining such age; pacity, efficiency, and timeliness of physi- of title 38, United States Code, is amended by ‘‘(ii) based on such claim, and after the cian assistants, nurse practitioners, audiol- striking ‘‘$1,000’’ and inserting ‘‘$1,388.68’’. veteran attained such age, the Secretary

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7344 CONGRESSIONAL RECORD — SENATE December 9, 2020 first determines that the veteran has a serv- ‘‘(2) The life insurance policy of a veteran ing the one-year period following the period ice-connected disability; and who enrolls in the insurance program under described in subparagraph (A) as if the des- ‘‘(iii) the veteran submits the application subsection (a)(1) does not go into force un- ignated beneficiary had predeceased the vet- for such insurance during the two-year pe- less— eran. riod following the date of such determina- ‘‘(A) a period of two years elapses following ‘‘(2) If the deceased veteran did not des- tion. the date of such enrollment; and ignate a beneficiary under subsection (e)(1), ‘‘(4)(A) A veteran enrolled in the insurance ‘‘(B) the veteran pays the premiums re- or if the designated beneficiary predeceased program under paragraph (1) may elect to be quired during such two-year period. the veteran, a beneficiary described in sub- insured in any of the following amounts: ‘‘(3)(A) If a veteran dies during the two- section (e)(2) may file a claim for payment ‘‘(i) $10,000. year period described in paragraph (2), the under subsection (g) during the two-year pe- ‘‘(ii) $20,000. Secretary shall pay to the beneficiary of the riod beginning on the date of the death of ‘‘(iii) $30,000. veteran the amount of premiums paid by the the veteran. ‘‘(iv) $40,000. veteran under this section, plus interest. ‘‘(3) If, on the date that is two years after ‘‘(v) In accordance with subparagraph (B), ‘‘(B) The Secretary— the date of the death of the veteran, no a maximum amount greater than $40,000. ‘‘(i) for the initial year of the insurance claim for payment has been filed by any ben- ‘‘(B) The Secretary may establish a max- program under subsection (a)(1)— eficiary pursuant to paragraph (1) or (2), and imum amount to be insured under paragraph ‘‘(I) shall set such interest at a rate of one the Secretary has not received notice that (1) that is greater than $40,000 if the Sec- percent; and any such claim will be so filed during the retary— ‘‘(II) may adjust such rate during such subsequent one-year period, the Secretary ‘‘(i) determines that such maximum year based on program experience, except may make the payment to a claimant whom amount and the premiums for such amount— that the interest rate may not be less than the Secretary determines to be equitably en- ‘‘(I) are administratively and actuarially zero percent; titled to such payment. sound for the insurance program under para- ‘‘(ii) for the second and each subsequent ‘‘(g) PAYMENTS.—(1) In a case described in graph (1); and year of the program, shall calculate such in- subsection (f)— ‘‘(II) will not result in such program oper- terest at an annual rate equal to the rate of ‘‘(A) in paragraph (1)(A), the Secretary ating at a loss; and return on the revolving fund under sub- shall pay the designated beneficiary not ‘‘(ii) publishes in the Federal Register, and section (a)(5) for the calendar year preceding later than 90 days after the designated bene- submits to the Committee on Veterans’ Af- the year of the veteran’s death, except that ficiary files a complete and valid claim for fairs of the Senate and the Committee on the interest rate may not be less than zero payment; Veterans’ Affairs of the House of Representa- percent; and ‘‘(B) in paragraph (1)(B) or (2), the Sec- tives, such maximum amount and deter- ‘‘(iii) on an annual basis, shall publish on retary shall make any payment not later mination. the internet website of the Department the than one year after the end of the period de- ‘‘(5)(A)(i) Insurance granted under this sec- average interest rate calculated under clause scribed in the applicable such paragraph, if tion shall be on a nonparticipating basis and (ii) for the preceding calendar year. the Secretary receives a complete and valid all premiums and other collections therefor ‘‘(d) PREMIUMS.—(1) The Secretary shall es- claim for payment in accordance with the shall be credited directly to a revolving fund tablish a schedule of basic premium rates by applicable such paragraph; or in the Treasury of the United States. age per $10,000 of insurance under subsection ‘‘(C) in paragraph (3), the Secretary shall ‘‘(ii) Any payments on such insurance shall (a)(1) consistent with basic premium rates make any payment not later than one year be made directly from such fund. generally charged for guaranteed acceptance after the end of the period described in such ‘‘(B)(i) The Secretary of the Treasury may life insurance policies by private life insur- paragraph, if the Secretary receives a com- invest in and sell and retire special interest- ance companies. plete and valid claim for payment. bearing obligations of the United States for ‘‘(2) The Secretary may adjust such sched- ‘‘(2) In a case where the Secretary has not the account of the revolving fund under sub- ule after the first policy year in a manner made an insurance payment under this sec- paragraph (A). consistent with the general practice of guar- tion during the applicable period specified in ‘‘(ii) Such obligations issued for that pur- anteed acceptance life insurance policies paragraph (1) by reason of a beneficiary not pose shall— issued by private life insurance companies. yet having filed a claim, or the Secretary ‘‘(I) have maturities fixed with due regard ‘‘(3) Section 1912 of this title shall not not yet making a determination under sub- for the needs of the fund; and apply to life insurance policies under sub- section (f)(3), the Secretary may make the ‘‘(II) bear interest at a rate equal to the section (a)(1), and the Secretary may not payment after such applicable period. average market yield (computed by the Sec- otherwise waive premiums for such insur- ‘‘(3) Notwithstanding section 1917 of this retary of the Treasury on the basis of mar- ance policies. title, the Secretary shall make an insurance ket quotations as of the end of the calendar ‘‘(e) BENEFICIARIES.—(1) A veteran who en- payment under this section in a lump sum. month preceding the date of issue) on all rolls in the insurance program under sub- ‘‘(4) The Secretary may not make an insur- marketable interest-bearing obligations of section (a)(1) may designate a beneficiary of ance payment under this section if such pay- the United States then forming a part of the the life insurance policy. ment will escheat to a State. public debt which are not due or callable ‘‘(2) If a veteran enrolled in the insurance ‘‘(5) Any payment under this subsection until after the expiration of four years from program under subsection (a)(1) does not des- shall be a bar to recovery by any other per- the end of such calendar month; except that ignate a beneficiary under paragraph (1) be- son.’’. where such average market yield is not a fore the veteran dies, or if a designated bene- (2) CLERICAL AMENDMENT.—The table of multiple of one-eighth of one per centum, ficiary predeceases the veteran, the Sec- sections at the beginning of such chapter is the rate of interest of such obligation shall retary shall determine the beneficiary in the amended by inserting after the item relating be the multiple of one-eighth of one per cen- following order: to section 1922A the following new item: tum nearest such market yield. ‘‘(A) The surviving spouse of the veteran. ‘‘(6)(A) Administrative support financed by ‘‘(B) The children of the veteran and de- ‘‘1922B. Service-disabled veterans insur- the appropriations for ‘General Operating scendants of deceased children by represen- ance.’’. Expenses, Department of Veterans Affairs’ tation. (b) SUNSET OF PREVIOUS PROGRAM AND and ‘Information Technology Systems, De- ‘‘(C) The parents of the veteran or the sur- TRANSITION.— partment of Veterans Affairs’ for the insur- vivors of the parents. (1) S–DVI.—Section 1922 of such title is ance program under paragraph (1) shall be ‘‘(D) The duly appointed executor or ad- amended by adding at the end the following paid from premiums credited to the fund ministrator of the estate of the veteran. new subsection: under paragraph (5). ‘‘(E) Other next of kin of the veteran enti- ‘‘(d)(1) The Secretary may not accept any ‘‘(B) Such payment for administrative sup- tled under the laws of domicile of the vet- application by a veteran to be insured under port shall be reimbursed for that fiscal year eran at the time of the death of the veteran. this section after December 31, 2022. from funds that are available on such insur- ‘‘(f) CLAIMS.—(1) If the deceased veteran ‘‘(2)(A) During the period beginning Janu- ance after claims have been paid. designated a beneficiary under subsection ary 1, 2023, and ending December 31, 2025, a ‘‘(b) ELIGIBILITY.—A veteran is eligible to (e)(1)— veteran who is insured under this section enroll in the insurance program under sub- ‘‘(A) the designated beneficiary is the only may elect to instead be insured under sec- section (a)(1) if the veteran has a service- person who may file a claim for payment tion 1922B of this title based on the age of connected disability, without regard to— under subsection (g) during the one-year pe- the veteran at the time of such election. ‘‘(1) whether such disability is compensable riod beginning on the date of the death of ‘‘(B)(i) A veteran who elects under subpara- under chapter 11 of this title; or the veteran; and graph (A) to be insured under section 1922B ‘‘(2) whether the veteran meets standards ‘‘(B) if the designated beneficiary does not of this title shall be subject to the two-year of good health required for other life insur- file a claim for the payment during the pe- waiting period specified in subsection (c) of ance policies. riod described in paragraph (1), or if payment such section. ‘‘(c) ENROLLMENT AND WAITING PERIOD.—(1) to the designated beneficiary within that pe- ‘‘(ii) If the veteran dies during such period, An eligible veteran may enroll in the insur- riod is prohibited by Federal statute or regu- the Secretary shall pay the beneficiary ance program under subsection (a)(1) at any lation, a beneficiary described in subsection under this section, and, if applicable, under time. (e)(2) may file a claim for such payment dur- section 1922A, plus the amount of premiums

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7345 paid by the veteran under such section 1922B, version of the form before the date on which (C) the new process will ensure that all plus interest. the updated version of the form was made medical information provided will be consid- ‘‘(3) Except as provided by paragraph available; and ered equally, whether it is provided by a De- (2)(B), a veteran may not be insured under ‘‘(ii) the claimant files the previous partment medical provider or a non-Depart- this section and section 1922B simulta- version of the form during the one-year pe- ment medical provider. neously.’’. riod following the date the form was com- (3) IMPLEMENTATION.— (2) SUPPLEMENTAL S–DVI.—Section 1922A(b) pleted by the non-Department medical pro- (A) IN GENERAL.—Subject to subparagraph of such title is amended by adding after the vider; (B), if the Secretary determines under para- period at the end the following: ‘‘The Sec- ‘‘(B) request from the claimant (or from a graph (1)(A) that replacing the forms as de- retary may not accept any such application non-Department medical provider if the scribed in such paragraph is feasible and ad- after December 31, 2022. Except as provided claimant has authorized the provider to visable, the Secretary shall, not later than by section 1922(d)(2)(B), a veteran may not share health information with the Secretary) two years after the date on which the Sec- have supplemental insurance under this sec- any other information that the updated retary submits the report under paragraph tion and be insured under section 1922B si- version of the form requires; and (1)(B)(i)— multaneously.’’. ‘‘(C) apply the laws and regulations re- (i) replace the forms as described in para- (c) CONFORMING AMENDMENTS.—Chapter 19 quired to adjudicate the claim as if the graph (1)(A); of such title is amended— claimant filed the updated version of the (ii) publish such replacement pursuant to (1) in the section heading of section 1922, form. subparagraph (A) of section 5101(d)(1), as by striking ‘‘Service’’ and inserting ‘‘Legacy ‘‘(3) The Secretary may waive any inter- added by subsection (a)(2); and service’’; agency approval process required to approve (iii) update the details under subparagraph (2) in the section heading of section 1922A, a modification to a disability benefit ques- (B) of such section. by striking ‘‘Supplemental’’ and inserting tionnaire form if such requirement only ap- (B) REPORTS BY INSPECTOR GENERAL OF THE ‘‘Legacy supplemental’’; and plies by reason of the forms being made pub- DEPARTMENT OF VETERANS AFFAIRS.—If the (3) in the table of sections at the beginning lic.’’. Secretary replaces the forms under subpara- of such chapter by striking the items relat- (b) REPORTS BY INSPECTOR GENERAL OF THE graph (A), the Inspector General of the De- ing to sections 1922 and 1922A and inserting DEPARTMENT OF VETERANS AFFAIRS.—Not partment of Veterans Affairs shall, not later the following new items: less frequently than once each year through than one year after the date that the Sec- ‘‘1922. Legacy service disabled veterans’ in- 2023, the Inspector General of the Depart- retary replaces such forms and not less fre- surance. ment of Veterans Affairs shall submit to quently than once each year thereafter until Congress a report on the findings of the In- ‘‘1922A. Legacy supplemental service dis- the date that is three years after the date on spector General with respect to the use of abled veterans’ insurance for which the Secretary replaces such forms, the forms published under section 5101(d)(1) totally disabled veterans.’’. submit to Congress a report on the process of such title, as added by subsection (a). SEC. 2005. DENIAL OF CLAIMS FOR TRAUMATIC that replaced such forms that ascertains (c) INITIAL FORM.—The Secretary of Vet- INJURY PROTECTION UNDER whether the process properly protects vet- SERVICEMEMBERS’ GROUP LIFE IN- erans Affairs shall begin carrying out section erans. SURANCE. 5101(d)(1) of such title, as added by sub- Section 1980A of title 38, United States section (a), by publishing, as described in (4) LIMITATION.—The Secretary may not Code, is amended by adding at the end the such section, the form described in such sec- discontinue the use of the disability benefit following new subsection: tion that was in effect on January 1, 2020. questionnaire forms described in paragraph ‘‘(l)(1) If a claim for benefits under this (d) ALTERNATE PROCESS.— (1)(A) until a replacement form or process is section is denied, the Secretary concerned (1) ASSESSMENT AND REPORT.— implemented. shall provide to the member at the same (A) IN GENERAL.—Subject to paragraph (2), (e) RULE OF CONSTRUCTION.—Nothing in time as the member is informed of such de- not later than 180 days after the date of the this section or section 5101(d) of such title, nial a description of the following: enactment of this act, the Secretary shall— as added by subsection (a), may be construed ‘‘(A) Each reason for that denial, including (i) assess the feasibility and advisability of to require the Secretary to develop any new a description of all the information upon replacing disability benefit questionnaire information technology system or otherwise which the denial is based and a description of forms that are used by non-Department med- require the Secretary to make any signifi- the applicable laws, regulations, or policies, ical providers to submit to the Secretary evi- cant changes to the internet website of the with appropriate citations, and an expla- dence regarding a disability of a claimant for Department. nation of how such laws, regulations, or poli- benefits under laws administered by the Sec- SEC. 2007. THRESHOLD FOR REPORTING DEBTS cies affected the denial. retary, with another consistent process that TO CONSUMER REPORTING AGEN- ‘‘(B) Each finding that is favorable to the considers evidence equally, whether provided CIES. member. by a Department or a non-Department med- (a) IN GENERAL.—Chapter 53 of title 38, ‘‘(2) Any finding favorable to the member ical provider; and United States Code, is amended by adding as described in paragraph (1)(B) shall be (ii) submit to Congress— after section 5319 the following new section: binding on all subsequent reviews or appeals (I) a report on the findings of the Secretary ‘‘§ 5320. Threshold for reporting debts to con- of the denial of the claim, unless clear and with respect to the assessment conducted sumer reporting agencies convincing evidence is shown to the contrary under clause (i); and ‘‘The Secretary shall prescribe regulations to rebut such favorable finding.’’. (II) if the report submitted under subclause that establish the minimum amount of a SEC. 2006. PUBLICATION AND ACCEPTANCE OF (I) of this clause includes a finding that re- claim or debt, arising from a benefit admin- DISABILITY BENEFIT QUESTION- placing the disability benefit questionnaire istered by the Under Secretary for Benefits NAIRE FORMS OF DEPARTMENT OF VETERANS AFFAIRS. forms described in clause (i) as described in or Under Secretary for Health, that the Sec- (a) IN GENERAL.—Section 5101 of title 38, such clause is feasible and advisable, a plan retary will report to a consumer reporting United States Code, is amended— to replace such forms as described in such agency under section 3711 of title 31.’’. (1) by redesignating subsection (d) as sub- clause. (b) CLERICAL AMENDMENT.—The table of section (e); and (B) COLLABORATION REQUIRED.—If, in car- sections at the beginning of such chapter is (2) by inserting after subsection (c) the fol- rying out the assessment required by clause amended by adding after the item relating to lowing new subsection (d): (i) of subparagraph (A), the Secretary deter- section 5319 the following new item: ‘‘(d)(1) The Secretary shall publish in a mines that replacing the disability benefit ‘‘5320.Threshold for reporting debts to con- central location on the internet website of questionnaire forms described in such clause sumer reporting agencies.’’. the Department— as described in such clause is feasible and ad- (c) DEADLINE.—The Secretary of Veterans ‘‘(A) the disability benefit questionnaire visable, the Secretary shall collaborate with, Affairs shall prescribe regulations under sec- forms of the Department for the submittal of partner with, and consider the advice of vet- tion 5320 of such title, as added by subsection evidence from non-Department medical pro- erans service organizations, and such other (a), not later than 180 days after the date of viders regarding a disability of a claimant, stakeholders as the Secretary considers ap- the enactment of this Act. including any form or process that replaces propriate, on the replacement forms and SEC. 2008. REMOVAL OF DEPENDENTS FROM any such disability benefit questionnaire process for submitting such forms. AWARD OF COMPENSATION OR PEN- form; and (2) REQUIREMENTS.—The Secretary may SION. ‘‘(B) details about the process used by the only determine under paragraph (1)(A) that Beginning not later than 90 days after the Department for submittal of evidence de- replacing the forms described in such para- date of the enactment of this Act, the Sec- scribed in subparagraph (A). graph is feasible and advisable if the Sec- retary of Veterans Affairs shall ensure ‘‘(2) Subject to section 6103 of this title, if retary certifies that— that— the Secretary updates a form described in (A) it is in the best interest of veterans to (1) the recipient of an award of compensa- paragraph (1)(A), the Secretary shall— do so; tion or pension may remove any dependent ‘‘(A) accept the previous version of the (B) the replacement process would include from an award of compensation or pension to form filed by a claimant if— all the medical information needed to adju- the individual using the eBenefits system of ‘‘(i) the claimant provided to the non-De- dicate a claim for benefits under laws admin- the Department of Veterans Affairs, or a suc- partment medical provider the previous istered by the Secretary; and cessor system; and

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7346 CONGRESSIONAL RECORD — SENATE December 9, 2020 (2) such removal takes effect not later than subsection (a) is completed, the Adminis- of such title that are associated with a dis- 60 days after the date on which the recipient trator shall submit to the appropriate com- ease described in subsection (a)(2), including elects such removal. mittees of Congress a report on the findings the type of proof presented to establish a SEC. 2009. ELIGIBILITY FOR DEPENDENCY AND of the Administrator with respect to such service connection for the manifestation of INDEMNITY COMPENSATION FOR study. the disease based on exposure to a herbicide SURVIVING SPOUSES WHO REMARRY (g) INCLUSION OF UZBEKISTAN IN CERTAIN agent. AFTER AGE 55. REGISTRIES AND PROGRAMS.—Section 201(c)(2) (5) Recommendations on how the Depart- Section 103(d)(2)(B) of title 38, United of the Dignified Burial and Other Veterans’ ment can better adjudicate claims for bene- States Code, is amended in the second sen- Benefits Improvement Act of 2012 (Public fits, including compensation, submitted to tence by inserting ‘‘chapter 13 or’’ after Law 112–260; 38 U.S.C. 527 note) is amended, the Department that are associated with a ‘‘benefits under’’. in the matter preceding subparagraph (A), by disease described in paragraph (2) of sub- SEC. 2010. STUDY ON EXPOSURE BY MEMBERS OF striking ‘‘Afghanistan or Iraq’’ and inserting section (a) for veterans described in para- THE ARMED FORCES TO TOXICANTS ‘‘Afghanistan, Iraq, or Uzbekistan’’. graph (1) of such subsection. AT KARSHI-KHANABAD AIR BASE IN EPLETED RANIUM OLLOW UP RO UZBEKISTAN. (h) D U F - P - (6) An assessment of such other areas as GRAMS.—The Secretary of Veterans Affairs (a) AGREEMENT AND STUDY.—Not later than the Comptroller General considers appro- 60 days after the date of the enactment of shall ensure that any individual who de- priate to study. this Act, the Secretary of Veterans Affairs ployed as a member of the Armed Forces to (c) ADMINISTRATIVE ACTION.—Not later shall enter into an agreement with the Ad- the covered location set forth in subsection than 120 days after the date on which the ministrator of the Agency for Toxic Sub- (b) during the corresponding period set forth Comptroller General of the United States stances and Disease Registry for the Admin- in such subsection is covered by the Depleted submits the report required under subsection istrator to complete, not later than 10 years Uranium Follow-up Programs of the Depart- (a), the Secretary shall commence carrying after the date of the enactment of this Act, ment of Veterans Affairs. out the recommendations submitted under a study to identify— (i) APPROPRIATE COMMITTEES OF CONGRESS subsection (b)(5) to the degree that the Sec- (1) incidents of cancer and other diseases DEFINED.—In this section, the term ‘‘appro- retary is authorized to carry out the rec- or illnesses experienced by individuals who priate committees of Congress’’ means— ommendations by a statute that was in ef- served in the active military, naval, or air (1) the Committee on Veterans’ Affairs and fect on the day before the date of the enact- service (as defined in section 101 of title 38, the Committee on Armed Services of the ment of this Act. United States Code) in the covered location Senate; and (d) HERBICIDE AGENT DEFINED.—In this sec- set forth under subsection (b) during the cor- (2) the Committee on Veterans’ Affairs and tion, the term ‘‘herbicide agent’’ has the responding period set forth under such sub- the Committee on Armed Services of the meaning given such term in section 1116(a)(3) section; and House of Representatives. of title 38, United States Code. (2) a list of toxic substances, chemicals, SEC. 2011. COMPTROLLER GENERAL BRIEFING SEC. 2012. EXTENSION OF AUTHORITY OF SEC- ionizing radiation, and airborne hazards such AND REPORT ON REPEALING MANI- RETARY OF VETERANS AFFAIRS TO individuals may have been exposed to during FESTATION PERIOD FOR PRESUMP- USE INCOME INFORMATION FROM such service. TIONS OF SERVICE CONNECTION OTHER AGENCIES. FOR CERTAIN DISEASES ASSOCI- OVERED OCATION AND ORRESPONDING Section 5317(g) of title 38, United States (b) C L C ATED WITH EXPOSURE TO CERTAIN PERIOD.—The covered location and cor- HERBICIDE AGENTS. Code, is amended by striking ‘‘September 30, responding period set forth under this sub- (a) IN GENERAL.—Not later than one year 2027’’ and inserting ‘‘September 30, 2030’’. section are Karshi-Khanabad (K2) Air Base in after the date of the enactment of this Act, SEC. 2013. EXTENSION ON CERTAIN LIMITS ON Uzbekistan and the period beginning on Oc- the Comptroller General of the United States PAYMENTS OF PENSION. tober 1, 2001, and ending on September 30, shall provide to the Committee on Veterans’ Section 5503(d)(7) of title 38, United States 2005. Affairs of the Senate and the Committee on Code, is amended by striking ‘‘September 30, (c) ELEMENTS.—The study conducted under 2028’’ and inserting ‘‘October 30, 2028’’. subsection (a) shall include the following: Veterans’ Affairs of the House of Representa- (1) An assessment regarding the conditions tives a briefing on preliminary observations Subtitle B—Housing of the covered location set forth under sub- of the Comptroller General, and not later SEC. 2101. ELIGIBILITY OF CERTAIN MEMBERS section (b), including an identification of than 240 days after the date of such briefing, OF THE RESERVE COMPONENTS OF toxic substances, chemicals, ionizing radi- provide such committees a briefing and sub- THE ARMED FORCES FOR HOME ation, and airborne hazards contaminating mit to such committees a final report, on the LOANS FROM THE SECRETARY OF VETERANS AFFAIRS. such covered location during such cor- efforts of the Secretary of Veterans Affairs (a) EXPANSION OF DEFINITION OF VETERAN responding period. to provide benefits, including compensation FOR PURPOSES OF HOME LOANS.—Section (2) An epidemiological study of the health and health care, to veterans— 3701(b) of title 38, United States Code, is consequences of the service described in sub- (1) who during active military, naval, or amended by adding at the end the following section (a) to the individuals described in air service, served in the Republic of Viet- new paragraph: such subsection. nam during the period beginning on January (d) SUPPORT FOR STUDY.— 9, 1962, and ending on May 7, 1975; and ‘‘(7) The term ‘veteran’ also includes, for (1) IN GENERAL.—The Secretary shall pro- (2) in whom chloracne, porphyria cutanea purposes of home loans, an individual who vide the Administrator with assistance in tarda, or acute or subacute peripheral neu- performed full-time National Guard duty (as carrying out the study required by sub- ropathy have manifested. that term is defined in section 101 of title 10) section (a), including by gathering such in- (b) ELEMENTS.—The report required by sub- for a period— formation as the Administrator may con- section (a) shall include the following: ‘‘(A) of not less than 90 cumulative days; sider useful in carrying out the study. (1) A description of how the Secretary es- and (2) OBTAINING INFORMATION CONCERNING EX- tablishes a service connection for a diseases ‘‘(B) that includes 30 consecutive days.’’. POSURE.—Assistance under paragraph (1) pro- described in paragraph (2) of subsection (a) (b) EXPANSION OF ELIGIBILITY.—Section vided by the Secretary of Veterans Affairs manifesting in veterans, including the num- 3702(a)(2) of such title is amended by adding shall include compiling information on expo- ber of veterans described in paragraph (1) of at the end the following new subparagraph: sure described in subsection (a)(2) and the such subsection who have filed a claim for a ‘‘(G) Each individual described in section Secretary of Defense shall provide to the benefit associated with a disease described in 3701(b)(7) of this title.’’. Secretary of Veterans Affairs such informa- paragraph (2) of such subsection. (c) RETROACTIVE APPLICABILITY.—The tion concerning such exposure as the Sec- (2) A description of how claims adjudica- amendments made by this section shall retary of Veterans Affairs considers appro- tors of the Department of Veterans Affairs apply with respect to full-time National priate for purposes of the study required by determine service connection for a disease Guard duty (as defined in section 101 of title subsection (a), including environmental sam- described in subparagraph (C) or (E) of sec- 10, United States Code) performed before, on, pling data relative to any location covered tion 1116(a)(2) of title 38, United States Code, or after the date of the enactment of this by the study. when documentation proving the presence of Act. (e) BIENNIAL UPDATES.—No later than the the disease during the manifestation period SEC. 2102. REDUCING LOAN FEES FOR CERTAIN date that is two years after the date of the set forth in such subparagraphs for the dis- VETERANS AFFECTED BY MAJOR enactment of this Act and not less fre- ease is not available. DISASTERS. quently than once every two years thereafter (3) A description of the expected effect of Section 3729(b)(4) of title 38, United States until the date on which the study required repealing the manifestation period from such Code, is amended— by subsection (a) is completed, the Adminis- subparagraphs, including the expected effect (1) by amending subparagraph (D) to read trator shall submit to the appropriate com- on the number of claims for benefits the De- as follows: mittees of Congress updates on the status of partment will receive, an estimate of the ‘‘(D)(i) The term ‘initial loan’ means a loan the matters covered by such study, including cost to the Department of such repeal, and a to a veteran guaranteed under section 3710 or any preliminary findings of the Adminis- review of the scientific evidence regarding made under section 3711 of this title if the trator. such repeal. veteran has never obtained a loan guaran- (f) FINAL REPORT.—Not later than 60 days (4) A review of all claims submitted to the teed under section 3710 or made under sec- after the date on which the study required by Secretary for compensation under chapter 11 tion 3711 of this title.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7347 ‘‘(ii) If a veteran has obtained a loan guar- ‘‘(6) Nothing in this subsection shall be 38, United States Code, is amended as fol- anteed under section 3710 or made under sec- construed as precluding the imposition of lows: tion 3711 of this title and the dwelling secur- any civil or criminal liability under this (1) By transferring subsection (b) of section ing such loan was substantially damaged or title or any other law. 2302 to the end of section 2303 and redesig- destroyed by a major disaster declared by ‘‘(7) The Secretary shall prescribe in regu- nating such subsection as subsection (d). the President under section 401 of the Robert lations what constitutes an overpayment for (2) By striking section 2302. T. Stafford Disaster Relief and Emergency the purposes of this subsection, which, at a (3) In section 2303— Assistance Act (42 U.S.C. 5170), the Secretary minimum, shall include— (A) in the section heading, by striking shall treat as an initial loan, as defined in ‘‘(A) administrative error that results in ‘‘Death in Department facility’’ and inserting clause (i), the next loan the Secretary guar- an individual receiving assistance to which ‘‘Death from non-service-connected dis- antees or makes to such veteran under sec- that individual is not entitled; ability’’; and tion 3710 or 3711, respectively, if— ‘‘(B) the failure of any person described in (B) in subsection (a)— ‘‘(I) such loan is guaranteed or made before paragraph (2) to— (i) in paragraph (1), by striking ‘‘a veteran the date that is three years after the date on ‘‘(i) perform or allow to be performed any dies in a facility described in paragraph (2)’’ which the dwelling was substantially dam- act relating to assistance under this chapter; and inserting ‘‘a veteran described in para- aged or destroyed; and or graph (2) dies’’; ‘‘(II) such loan is only for repairs or con- ‘‘(ii) compensate any party performing (ii) by striking paragraph (2) and inserting struction of the dwelling, as determined by services or supplying goods relating to as- the following new paragraph (2): the Secretary.’’; and sistance under this chapter; and ‘‘(2) A veteran described in this paragraph (2) in subparagraph (E), by striking ‘‘if the ‘‘(C) any disbursement of funds relating to is a deceased veteran who is not covered by veteran has previously obtained a loan guar- assistance under this chapter, that, in the section 2307 of this title and who meets any anteed under section 3710 or made under sec- sole discretion of the Secretary, constitutes of the following criteria: tion 3711 of this title’’ and inserting ‘‘that is a misuse of such assistance. ‘‘(A) The deceased veteran dies in— not an initial loan’’. ‘‘(8) Prior to collecting an overpayment ‘‘(i) a facility of the Department (as de- SEC. 2103. EXTENSION OF CERTAIN HOUSING under this subsection, the Secretary shall fined in section 1701(3) of this title) to which LOAN FEES. provide to the person whom the Secretary the deceased veteran was properly admitted Section 3729(b)(2) of title 38, United States has determined liable for such overpay- for hospital, nursing home, or domiciliary Code, is amended by striking ‘‘October 1, ment— care under section 1710 or 1711(a) of this title; 2029’’ each place it appears and inserting ‘‘(A) notice of the finding by the Secretary or ‘‘October 1, 2030’’. of such overpayment; ‘‘(ii) an institution at which the deceased SEC. 2104. COLLECTION OF OVERPAYMENTS OF ‘‘(B) a reasonable opportunity for such per- veteran was, at the time of death, receiv- SPECIALLY ADAPTED HOUSING AS- son to remedy the circumstances that effec- ing— SISTANCE. tuated the overpayment; and ‘‘(I) hospital care in accordance with sec- Section 2102 of title 38, United States Code, ‘‘(C) a reasonable opportunity for such per- tions 1703A, 8111, and 8153 of this title; is amended by adding at the end the fol- son to present evidence to the Secretary that ‘‘(II) nursing home care under section 1720 lowing new subsection: an overpayment was not made. of this title; or ‘‘(g)(1) Whenever the Secretary finds that ‘‘(9) For the purposes of section 511 of this ‘‘(III) nursing home care for which pay- an overpayment has been made to, or on be- title, a decision to collect an overpayment ments are made under section 1741 of this half of, a person described in paragraph (2), from a person other than a person described title. the Secretary shall determine— in paragraph (2)(A), or a dependent or sur- ‘‘(B) At the time of death, the deceased ‘‘(A) the amounts to recover, if any; and vivor of such person, may not be treated as veteran (including a person who died during ‘‘(B) who is liable to the United States for a decision that affects the provision of bene- a period deemed to be active military, naval, such overpayment. fits.’’. or air service under section 106(c) of this ‘‘(2) A person described in this paragraph is Subtitle C—Burial Matters title) is in receipt of compensation under any of the following: SEC. 2201. TRANSPORTATION OF DECEASED VET- chapter 11 of this title (or but for the receipt ‘‘(A) An individual who applied for assist- ERANS TO VETERANS’ CEMETERIES. of retirement pay would have been entitled ance— (a) IN GENERAL.—Subsection (a) of section to such compensation) or was in receipt of ‘‘(i) under this chapter; or 2308 of title 38, United States Code, is amend- pension under chapter 15 of this title. ‘‘(ii) under chapter 31 of this title who is ed by striking ‘‘in a national cemetery’’ and ‘‘(C) The Secretary determines— pursuing a rehabilitation program under inserting ‘‘in a national cemetery or a cov- ‘‘(i) the deceased veteran (including a per- such chapter in acquiring adaptations to a ered veterans’ cemetery’’. son who died during a period deemed to be residence. (b) COVERED VETERANS’ CEMETERY DE- active military, naval, or air service under ‘‘(B) An owner or seller of real estate used, FINED.—Section 2308 of such title is amended section 106(c) of this title) has no next of kin or intended to be used, in connection with by adding at the end the following new sub- or other person claiming the body of the de- assistance under this chapter. section: ceased veteran; and ‘‘(C) A builder, contractor, supplier, ‘‘(c) COVERED VETERANS’ CEMETERY DE- ‘‘(ii) that there are not available sufficient tradesperson, corporation, trust, partner- FINED.—In this section, the term ‘covered resources to cover burial and funeral ex- ship, or other person, who provided services veterans’ cemetery’ means a veterans’ ceme- penses.’’; or goods relating to assistance under this tery— (iii) in subsection (b)— chapter. ‘‘(1) in which a deceased veteran described (I) in the matter preceding paragraph (1), ‘‘(D) An attorney, escrow agent, or finan- in subsection (b) is eligible to be buried; by striking ‘‘section 2302 of this title and’’; cial institution, that receives, or holds in es- ‘‘(2) that— and crow, funds relating to assistance under this ‘‘(A) is owned by a State; or (II) in paragraph (2), by striking ‘‘under chapter. ‘‘(B) is on trust land owned by, or held in section 2302 of this title or’’; and ‘‘(E) A surviving spouse, heir, assignee, or trust for, a tribal organization; and (iv) in subsection (d), as added by para- successor in interest of or to, any person de- ‘‘(3) for which the Secretary has made a graph (1) of this subsection, by striking ‘‘Ex- scribed in this paragraph. grant under section 2408 of this title.’’. cept as’’ and inserting ‘‘With respect to a de- (c) CONFORMING AMENDMENT.—Section 2308 ‘‘(3)(A) Any overpayment referred to in ceased veteran described in subparagraph (B) of such title is amended in the section head- this subsection may be recovered in the same or (C) of subsection (a)(2), except as’’. ing by adding at the end the following: ‘‘ manner as any other debt due the United or a (b) CONFORMING AMENDMENTS.— covered veterans’ cemetery’’. States. (1) TITLE 38.—Such title is amended as fol- (d) CLERICAL AMENDMENT.—The table of ‘‘(B) In recovering the overpayment, the lows: sections at the beginning of chapter 23 of Secretary may charge administrative costs, (A) In section 2304, by striking ‘‘Applica- fees, and interest, as appropriate, in a man- such title is amended by striking the item relating to section 2308 and inserting the fol- tions for payments under section 2302 of this ner similar to the authority under section title’’ and inserting ‘‘Applications for pay- 5315 of this title. lowing new item: ments under section 2303 of this title regard- ‘‘(4)(A) The recovery of any overpayment ‘‘2308. Transportation of deceased veteran to ing veterans described in subparagraph (B) or referred to in this subsection may be waived a national cemetery or a cov- (C) of subsection (a)(2) of such section’’. by the Secretary. ered veterans’ cemetery.’’. (B) In section 2307, by striking ‘‘sections ‘‘(B) Waiver of any such overpayment as to (e) EFFECTIVE DATE.—The amendments a person described in paragraph (2) shall in made by this section shall take effect on the 2302 and 2303(a)(1) and (b)(2) of this title’’ and no way release any other person described in date that is two years after the date of the inserting ‘‘subsections (a)(1) and (b)(2) of sec- such paragraph from liability. enactment of this Act. tion 2303 of this title’’. (C) In section 2308— ‘‘(5) The Secretary shall waive recovery SEC. 2202. INCREASE IN CERTAIN FUNERAL BEN- under this subsection of any overpayment to EFITS UNDER LAWS ADMINISTERED (i) in subsection (a), by striking ‘‘pursuant a person described in paragraph (2)(A), or a BY THE SECRETARY OF VETERANS to section 2302 or 2307 of this title,’’ and in- dependent or survivor of such person, that AFFAIRS. serting ‘‘pursuant to section 2303 of this title arises from administrative error described in (a) FUNERAL EXPENSES FOR NON-SERVICE- regarding veterans described in subpara- paragraph (7)(A). CONNECTED DISABILITIES.—Chapter 23 of title graph (B) or (C) of subsection (a)(2) of such

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7348 CONGRESSIONAL RECORD — SENATE December 9, 2020 section, or pursuant to section 2307 of this and upon request, may replace the headstone title is amended by striking the item relat- title,’’; and or marker to add an inscription for the sur- ing to section 2408 and inserting the fol- (ii) in subsection (b)(3)— viving spouse or eligible dependent child of lowing new item: (I) by striking ‘‘section 2302’’ and inserting such individual following the death of the ‘‘2408. Aid to States, counties, and tribal or- ‘‘section 2303’’; and surviving spouse or eligible dependent child. ganizations for establishment, (II) by striking ‘‘subsection (a)(2)(A)’’ and ‘‘(2) If the spouse or eligible dependent expansion, and improvement of inserting ‘‘subsection (a)(2)(C)’’. child of an individual referred to in para- veterans’ cemeteries.’’. graph (1) predeceases the individual, the Sec- (D) In section 113(c)(1), by striking ‘‘2302,’’. (c) EFFECTIVE DATE.—The amendments (E) In section 5101(a)(1)(B)(i), by striking retary may, if feasible and upon request, in- made by this section shall take on effect on ‘‘2302’’ and inserting ‘‘2303’’. clude an inscription for the spouse or de- the date that is two years after the date of (2) EMERGENCY MEDICAL CARE.—Section 11 pendent child on the headstone or marker the enactment of this Act. of the Military Selective Service Act (50 furnished for the individual under subsection (a) or (d).’’. SEC. 2206. INCREASE IN MAXIMUM AMOUNT OF U.S.C. 3810) is amended by striking ‘‘section GRANTS TO STATES, COUNTIES, AND (b) APPLICATION.—Subsection (i) of section 2302(a) of title 38’’ and inserting ‘‘section 2303 TRIBAL ORGANIZATIONS FOR OPER- of title 38, United States Code, regarding vet- 2306 of title 38, United States Code, as added ATING AND MAINTAINING VET- erans described in subparagraph (B) or (C) of by subsection (a), shall apply with respect to ERANS’ CEMETERIES. subsection (a)(2) of such section’’. an individual who dies on or after October 1, Section 2408(e)(2) of title 38, United States (c) CLERICAL AMENDMENT.—The table of 2019. Code, is amended by striking ‘‘$5,000,000’’ and sections at the beginning of chapter 23 of SEC. 2205. AID TO COUNTIES FOR ESTABLISH- inserting ‘‘$10,000,000’’. MENT, EXPANSION, AND IMPROVE- such title is amended by striking the items SEC. 2207. PROVISION OF URNS AND COMMEMO- MENT OF VETERANS’ CEMETERIES. relating to sections 2302 and 2303 and insert- RATIVE PLAQUES FOR REMAINS OF (a) IN GENERAL.—Section 2408 of title 38, ing the following new item: CERTAIN VETERANS WHOSE CRE- United States Code, is amended— MATED REMAINS ARE NOT IN- ‘‘2303. Death from non-service-connected dis- (1) by inserting ‘‘or county’’ after ‘‘State’’ TERRED IN CERTAIN CEMETERIES. ability; plot allowance.’’. each place it appears; (a) IN GENERAL.—Section 2306 of title 38, (d) EFFECTIVE DATE.—The amendments (2) in subsection (a)(1), in the matter pre- United States Code, as amended by section made by this section shall apply to deaths ceding subparagraph (A), by striking ‘‘sub- 2204 of this title, is further amended— that occur on or after the date that is two section (b)’’ and inserting ‘‘subsections (b), (1) by redesignating subsections (h), (i), years after the date of the enactment of this (c), (d), and (g)’’; and (j) as subsections (i), (j), and (k), respec- Act. (3) by adding at the end the following new tively; and SEC. 2203. OUTER BURIAL RECEPTACLES FOR subsection: (2) by inserting after subsection (g) the fol- EACH NEW GRAVE IN CEMETERIES ‘‘(g)(1) The Secretary may make a grant to THAT ARE THE SUBJECTS OF CER- lowing new subsection (h): a county under this section only if— ‘‘(h)(1) In lieu of furnishing a headstone or TAIN GRANTS MADE BY THE SEC- ‘‘(A)(i) the State in which the county is lo- RETARY OF VETERANS AFFAIRS. marker under this section for a deceased in- cated does not have a veterans’ cemetery (a) IN GENERAL.—Section 2306(e) of title 38, dividual described in paragraph (3), the Sec- owned by the State; retary shall furnish, upon request and at the United States Code, is amended— ‘‘(ii) the State is not in receipt of a grant (1) in paragraph (1)— expense of the United States— under this section for the construction of a ‘‘(A) an urn made of any material to sig- (A) in subparagraph (A)— new veterans’ cemetery to be owned by the (i) by striking ‘‘shall’’ and inserting nify the individual’s status as a veteran, in State; which the remains of such individual may be ‘‘may’’; and ‘‘(iii) the State did not apply for a grant placed at private expense; or (ii) by inserting ‘‘, or in a cemetery that is under this section during the previous year; the subject of a grant to a State or a tribal ‘‘(iv) no tribal organization from the State ‘‘(B) a commemorative plaque signifying organization under section 2408 of this title,’’ in which the county is located has a vet- the individual’s status as a veteran. after ‘‘National Cemetery Administration’’; erans’ cemetery on trust land owned by, or ‘‘(2) If the Secretary furnishes an urn or and held in trust for, the tribal organization; commemorative plaque for an individual (B) in subparagraph (C), by striking ‘‘(v) no such tribal organization is in re- under paragraph (1), the Secretary may not ‘‘shall’’ and inserting ‘‘may’’; and ceipt of a grant under this section for the provide for such individual— (2) by striking paragraph (2) and inserting construction of a new veterans’ cemetery to ‘‘(A) a headstone or marker under this sec- the following new paragraph (2): be located on such land; and tion; or ‘‘(2)(A) The use of outer burial receptacles ‘‘(vi) no such tribal organization applied ‘‘(B) any burial benefit under section 2402 in a cemetery under the control of the Na- for a grant under this section during the pre- of this title. tional Cemetery Administration or in a cem- vious year; and ‘‘(3) A deceased individual described in this etery that is the subject of a grant to a State ‘‘(B) the county demonstrates in the appli- paragraph is an individual— or a tribal organization under section 2408 of cation under subsection (a)(2), to the satis- ‘‘(A) who served in the Armed Forces on or this title shall be in accordance with regula- faction of the Secretary, that the county has after April 6, 1917; tions or procedures approved by the Sec- the resources necessary to operate and main- ‘‘(B) who is eligible for a headstone or retary of Veterans Affairs. tain the veterans’ cemetery owned by the marker furnished under subsection (d) (or ‘‘(B) The use of outer burial receptacles in county. would be so eligible but for the date of the Arlington National Cemetery shall be in ac- ‘‘(2)(A) If a county and the State in which death of the individual); and cordance with regulations or procedures ap- the county is located both apply for a grant ‘‘(C) whose remains were cremated and not proved by the Secretary of the Army. under this section for the same year, the interred in a national cemetery, a State vet- ‘‘(C) The use of outer burial receptacles in Secretary shall give priority to the State. erans’ cemetery, a tribal cemetery, a county a national cemetery administered by the Na- ‘‘(B) If a county and a tribal organization cemetery, or a private cemetery. tional Park Service shall be in accordance from the State in which the county is lo- ‘‘(4)(A) Any urn or commemorative plaque with regulations or procedures approved by cated both apply for a grant under this sec- furnished under this subsection shall be the the Secretary of the Interior.’’. tion for the same year, the Secretary shall personal property of the next of kin or such (b) EFFECTIVE DATE.—The amendments give priority to the tribal organization. other individual as the Secretary considers made by this section shall take effect on the ‘‘(3) The Secretary shall prescribe regula- appropriate. date that is two years after the date of the tions to carry out this subsection.’’; and ‘‘(B) The Federal Government shall not be enactment of this Act. (4) in subsection (f)— liable for any damage to an urn or com- SEC. 2204. PROVISION OF INSCRIPTIONS FOR (A) by redesignating paragraph (3) as sub- memorative plaque furnished under this sub- SPOUSES AND CHILDREN ON CER- section (h); section that occurs after the date on which TAIN HEADSTONES AND MARKERS (B) by moving such subsection, as so redes- the urn or commemorative plaque is so fur- FURNISHED BY THE SECRETARY OF ignated, to the location after subsection (g), nished. VETERANS AFFAIRS. as added by paragraph (3); ‘‘(5) The Secretary shall prescribe regula- (a) IN GENERAL.—Section 2306 of title 38, (C) in subsection (h), as so redesignated tions to carry out this subsection.’’. United States Code, is amended— and moved, by redesignating subparagraphs (b) EFFECTIVE DATE.—The amendments (1) by redesignating subsection (i) as sub- (A) and (B) as paragraphs (1) and (2), respec- made by this section shall take on effect on section (j); and tively; and the date that is two years after the date of (2) by inserting after subsection (h) the fol- (D) in the matter preceding paragraph (1), the enactment of this Act. lowing new subsection (i): as so redesignated, by striking ‘‘this sub- SEC. 2208. TRAINING OF STATE AND TRIBAL VET- ‘‘(i)(1) In addition to any other authority section’’ and inserting ‘‘this section’’. ERANS’ CEMETERY PERSONNEL BY under this section, in the case of an indi- (b) CLERICAL AMENDMENTS.— NATIONAL CEMETERY ADMINISTRA- vidual whose grave is not in a covered ceme- (1) SECTION HEADING.—The heading of such TION. tery (as that term is defined in subsection section is amended by inserting ‘‘, counties, (a) IN GENERAL.—Section 2408 of title 38, (f)(2)) and for whom the Secretary has fur- and tribal organizations’’ after ‘‘States’’. United States Code, as amended by sections nished a headstone or marker under sub- (2) TABLE OF SECTIONS.—The table of sec- 2205 and 2206 of this title, is further amend- section (a) or (d), the Secretary, if feasible tions at the beginning of chapter 24 of such ed—

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7349

(1) in subsection (b)(1)— gency’’ and inserting ‘‘during the period (2) ELEMENTS.—Each report required by (A) in subparagraph (A)— specified in subsection (f)’’; and paragraph (1) for a State home shall include (i) by striking ‘‘and (ii) the cost’’ and in- (B) in paragraph (1), by striking ‘‘an area the following: serting ‘‘(ii) the cost’’; and agency on aging’’ and inserting ‘‘a covered (A) The number of suspected and confirmed (ii) by inserting ‘‘; and (iii) training costs provider’’; and COVID–19 infections among residents and described in subsection (c)(1)’’ before the (3) by striking subsection (e) and inserting staff, including residents previously treated semicolon; and the following new subsections: for COVID–19, disaggregated by— (B) in subparagraph (B)— ‘‘(e) TRANSFER OF CERTAIN VETERANS TO (i) veteran, spouse of a veteran, staff, and (i) by striking ‘‘and (ii) the cost’’ and in- THE PROGRAM.—During the period specified other; serting ‘‘(ii) the cost’’; and in subsection (f), the Secretary shall allow a (ii) race and ethnicity; (ii) by inserting ‘‘; and (iii) training costs veteran residing in an area covered by the (iii) gender; and described in subsection (c)(1)’’ before the pe- Program to be transferred to the Program (iv) age. riod; for the duration of such period if— (B) The number of total deaths and (2) by redesignating subsections (c) ‘‘(1) the veteran had been receiving ex- COVID–19 deaths among residents and staff, through (h) as subsections (d) through (i), re- tended care services paid for by the Depart- disaggregated by— spectively; and ment, such as adult day services or home- (i) veteran, spouse of a veteran, staff, and (3) by inserting after subsection (b) the fol- maker or home health aide services, imme- other; lowing new subsection (c): diately preceding such period; and (ii) race and ethnicity; ‘‘(c)(1) A grant under this section for a pur- ‘‘(2) those services are no longer available (iii) gender; and pose described in subparagraph (A) or (B) of due to a public health emergency. (iv) age. subsection (a)(1) may be used, solely or in ‘‘(f) PERIOD SPECIFIED.—The period speci- (C) An assessment of the supply of personal part, for training costs, including travel ex- fied in this subsection is the period begin- protective equipment and hand hygiene sup- penses and up to four weeks of lodging ex- ning on the date on which a public health plies. penses, associated with attendance by em- emergency was first declared and ending on (D) An assessment of ventilator capacity ployees of a veterans’ cemetery owned by a the date that is 60 days after the date on and supplies. State or on trust land owned by, or held in which a public health emergency is no longer (E) The number of resident beds and the trust for, a tribal organization at training in effect. occupancy rate, disaggregated by veteran, ‘‘(g) COVERED PROVIDER DEFINED.—In this provided by the National Cemetery Adminis- spouse of a veteran, and other. section, the term ‘covered provider’ means a (F) An assessment of the access of resi- tration. provider participating in the Program, in- ‘‘(2) Any employee described in paragraph dents to testing for COVID–19. cluding— (1) who participates in training described in (G) An assessment of staffing shortages, if ‘‘(1) an Aging and Disability Resource Cen- such paragraph shall fulfill a service require- any. ter, an area agency on aging, or a State ment as determined by the Secretary. (H) Such other information as the Sec- agency (as those terms are defined in section ‘‘(3) The Secretary may by regulation pre- retary may specify. 102 of the Older Americans Act of 1965 (42 scribe such additional terms and conditions (b) PUBLICATION OF TOTAL INFECTIONS AND U.S.C. 3002)); or for grants used for training costs under this DEATHS.— ‘‘(2) a center for independent living (as de- subsection as the Secretary considers appro- (1) IN GENERAL.—Not later than 30 days fined in section 702 of the Rehabilitation Act priate.’’. after the date of the enactment of this Act, of 1973 (29 U.S.C. 796a)).’’. and not less frequently than weekly there- (b) REPORTS.— SEC. 3002. PROHIBITION ON COLLECTION OF A after, the Secretary shall post on a publicly (1) IN GENERAL.—Not later than each of two HEALTH CARE COPAYMENT BY THE years and five years after the date of the en- available website of the Department of Vet- SECRETARY OF VETERANS AFFAIRS erans Affairs— actment of this Act, the Secretary of Vet- FROM A VETERAN WHO IS A MEM- erans Affairs shall submit to the Committee (A) the total number of residents and staff BER OF AN INDIAN TRIBE. of State homes who are infected with on Veterans’ Affairs of the Senate and the (a) IN GENERAL.—Section 1730A of title 38, COVID–19; and Committee on Veterans’ Affairs of the House United States Code, is amended— (B) the total number of such residents and of Representatives a report on training pro- (1) in the heading, by striking ‘‘ catastroph- staff who have died from COVID–19. vided by the National Cemetery Administra- ically disabled’’ and inserting ‘‘certain’’; (2) INFORMATION ON RESIDENTS AND STAFF.— tion under subsection (c) of section 2408 of (2) by inserting ‘‘(a) PROHIBITION.—’’ before The Secretary shall disaggregate informa- title 38, United States Code, as added by sub- ‘‘Notwithstanding’’; tion on residents and staff published under section (a). (3) by striking ‘‘a veteran who is cata- paragraph (1) by veteran, staff, and other. (2) ELEMENTS.—The report required by strophically disabled, as defined by the Sec- (c) DEFINITIONS.—In this section: paragraph (1) shall include the following: retary,’’ and inserting ‘‘a covered veteran’’; (1) COVERED PUBLIC HEALTH EMERGENCY.— (A) The attrition rate with respect to indi- and The term ‘‘covered public health emergency’’ viduals who participate in the training de- (4) by adding at the end the following new means an emergency with respect to COVID– scribed in paragraph (1). subsection: 19 declared by a Federal, State, or local au- (B) A description of how State and tribal ‘‘(b) COVERED VETERAN DEFINED.—In this thority. veterans’ cemeteries that used grants award- section, the term ‘covered veteran’ means a (2) STATE HOME.—The term ‘‘State home’’ ed under section 2408 of title 38, United veteran who— has the meaning given that term in section States Code, for training costs under sub- ‘‘(1) is catastrophically disabled, as defined 101(19) of title 38, United States Code. by the Secretary; or section (c) of such section, as added by sub- SEC. 3004. GRANTS FOR STATE HOMES LOCATED section (a), have improved as a result of the ‘‘(2) is an Indian or urban Indian (as those ON TRIBAL LANDS. training, according to the administrators of terms are defined in section 4 of the Indian (a) STATE HOME DEFINED.—Section 101(19) such cemeteries. Health Care Improvement Act (25 U.S.C. of title 38, United States Code, is amended by (C) An identification of how many State 1603)).’’. inserting ‘‘or Indian tribe (as defined in sec- and tribal veterans’ cemeteries used the au- (b) TECHNICAL AMENDMENT.—The table of tion 4 of the Indian Self-Determination and thority provided by subsection (c) of section sections at the beginning of chapter 17 of Education Assistance Act (25 U.S.C. 5304))’’ 2408 of title 38, United States Code, as added such title is amended by striking the item after ‘‘(other than a possession)’’. by subsection (a), in order to train individ- relating to section 1730A and inserting the (b) PAYMENTS TO STATE HOMES.—Section uals. following: 1741 of title 38, United States Code, is amend- (D) The amount obligated or expended as a ‘‘1730A. Prohibition on collection of copay- ed by adding at the end the following new result of the authority described in subpara- ments from certain veterans.’’. subsection: graph (C). (c) EFFECTIVE DATE.—The amendments ‘‘(g) In this subchapter, the term ‘State’ made by this section shall take effect on the means each of the several States and each TITLE III—HEALTH CARE day that is one year after the date of the en- Indian tribe (as defined in section 4 of the In- Subtitle A—Health Care Generally actment of this Act. dian Self-Determination and Education As- SEC. 3001. EXPANSION OF MODIFICATIONS TO SEC. 3003. OVERSIGHT FOR STATE HOMES RE- sistance Act (25 U.S.C. 5304)).’’. VETERAN DIRECTED CARE PRO- GARDING COVID–19 INFECTIONS, RE- (c) STATE HOME CONSTRUCTION.— GRAM. SPONSE CAPACITY, AND STAFFING (1) IN GENERAL.—Section 8131(2) of title 38, Section 20006 of the Coronavirus Aid, Re- LEVELS. United States Code, is amended by inserting lief, and Economic Security Act (Public Law (a) REPORTING.— ‘‘includes each Indian tribe (as defined in 116–136) is amended— (1) IN GENERAL.—During a covered public section 4 of the Indian Self-Determination (1) by striking ‘‘During a public health health emergency, each State home shall and Education Assistance Act (25 U.S.C. emergency’’ each place it appears and insert- submit weekly to the Secretary of Veterans 5304)) but’’ before ‘‘does not’’. ing ‘‘During the period specified in sub- Affairs and the National Healthcare Safety (2) CONFORMING AMENDMENT.—Section 8132 section (f)’’; Network of the Centers for Disease Control of such title is amended by striking ‘‘sev- (2) in subsection (a)— and Prevention, through an electronic me- eral’’. (A) in the matter preceding paragraph (1), dium and in a standardized format specified (d) ADDITIONAL LEGISLATIVE OR ADMINIS- by striking ‘‘during a public health emer- by the Secretary, a report on the emergency. TRATIVE ACTION.—

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7350 CONGRESSIONAL RECORD — SENATE December 9, 2020

(1) CONSULTATION WITH INDIAN TRIBES.—Not such courses, and the number of participants lance, including air ambulance, or other ap- later than 180 days after the date of the en- at each such location. propriate medically staffed modes of trans- actment of this Act, the Secretary of Vet- (4) With respect to the number of members portation— erans Affairs shall consult with Indian tribes of the Armed Forces who participated in the ‘‘(A) to another health care facility (in- to determine if any legislative or adminis- Program as specified under paragraph (1)— cluding a specialty pediatric hospital) that trative action is necessary to modify the (A) the number who enrolled in the health accepts transfer of the newborn child or oth- State home program to function efficiently care system of the Department of Veterans erwise provides post-delivery care services in support of State homes operated by Indian Affairs under section 1705(a) of title 38, when the treating facility is not capable of tribes pursuant to the amendments made by United States Code; and furnishing the care or services required; or this section. (B) the number who attended at least one ‘‘(B) to a health care facility in a medical (2) REPORT TO CONGRESS.—Not later than 90 health care appointment at a medical facil- emergency of such nature that a prudent days after completing consultations under ity of the Department of Veterans Affairs. layperson reasonably expects that delay in paragraph (1), the Secretary shall submit to (5) Data relating to— seeking immediate medical attention would the appropriate committees of Congress a re- (A) satisfaction with courses held under be hazardous to life or health. port recommending legislative action that the Program; ‘‘(3) Amounts paid by the Department for the Secretary considers appropriate to mod- (B) improved awareness of health care transportation under this section shall be de- ify the State home program described in services administered by the Secretary of rived from the Medical Services appropria- such paragraph in light of those consulta- Veterans Affairs; and tions account of the Department. tions. (C) any other available statistics regarding ‘‘(e) REIMBURSEMENT OR PAYMENT FOR (3) MODIFICATIONS.—Not later than 180 days the Program. HEALTH CARE SERVICES OR TRANSPOR- after completing consultations under para- (6) A discussion of regulatory, legal, or re- TATION.—(1) Pursuant to regulations the Sec- graph (1), the Secretary shall make any source barriers to— retary shall prescribe to establish rates of modifications to regulations implementing (A) making the Program permanent to en- reimbursement and any limitations thereto the State home program, for which legisla- able access to services provided under the under this section, the Secretary shall di- tive action is not necessary, as the Secretary Program by a greater number of women rectly reimburse a covered entity for health considers appropriate in light of those con- members of the Armed Forces at locations care services or transportation services pro- sultations. throughout the United States; vided under this section, unless the cost of (e) TECHNICAL SUPPORT AND ASSISTANCE.— (B) offering the Program online for women the services or transportation is covered by The Secretary of Veterans Affairs shall pro- members of the Armed Forces who are un- an established agreement or contract. If such vide technical support and assistance to In- able to attend courses held under the Pro- an agreement or contract exists, its nego- dian tribes in carrying out the State home gram in person; and tiated payment terms shall apply. program at State homes operated by Indian (C) the feasability of automatically enroll- ‘‘(2)(A) Reimbursement or payment by the tribes pursuant to the amendments made by ing Program participants in the health care Secretary under this section on behalf of an this section. system of the Department of Veterans Af- individual to a covered entity shall, unless (f) DEFINITIONS.—In this section: fairs under section 1705(a) of title 38, United rejected and refunded by the covered entity (1) APPROPRIATE COMMITTEES OF CON- States Code. within 30 days of receipt, extinguish any li- GRESS.—The term ‘‘appropriate committees (c) APPROPRIATE CONGRESSIONAL COMMIT- ability on the part of the individual for the of Congress’’ means— TEES DEFINED.—In this section, the term health care services or transportation cov- (A) the Committee on Veterans’ Affairs ‘‘appropriate congressional committees’’ ered by such payment. and the Committee on Indian Affairs of the means— ‘‘(B) Neither the absence of a contract or Senate; and (1) the Committee on Armed Services and agreement between the Secretary and a cov- (B) the Committee on Veterans’ Affairs the Committee on Veterans’ Affairs of the ered entity nor any provision of a contract, and the Subcommittee for Indigenous Peo- Senate; and agreement, or assignment to the contrary ples of the United States of the Committee (2) the Committee on Armed Services and shall operate to modify, limit, or negate the on Natural Resources of the House of Rep- the Committee on Veterans’ Affairs of the requirements of subparagraph (A). resentatives. House of Representatives. ‘‘(3) In this subsection, the term ‘covered (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ SEC. 3006. AUTHORITY FOR SECRETARY OF VET- entity’ means any individual, transportation has the meaning given that term in section ERANS AFFAIRS TO FURNISH MEDI- carrier, organization, or other entity that 4 of the Indian Self-Determination and Edu- CALLY NECESSARY TRANSPOR- furnished or paid for health care services or cation Assistance Act (25 U.S.C. 5304). TATION FOR NEWBORN CHILDREN transportation under this section.’’. (3) STATE HOME.—The term ‘‘State home’’ OF CERTAIN WOMEN VETERANS. (b) TREATMENT OF CERTAIN EXPENSES AL- has the meaning given that term in section (a) IN GENERAL.—Section 1786 of title 38, READY INCURRED.— 101(19) of title 38, United States Code. United States Code, as amended by section (1) IN GENERAL.—Pursuant to such regula- (4) STATE HOME PROGRAM.—The term 9102 of the William M. (Mac) Thornberry Na- tions as the Secretary of Veterans Affairs ‘‘State home program’’ means the program tional Defense Authorization Act for Fiscal shall prescribe, with respect to transpor- of the Department of Veterans Affairs for Year 2021, is further amended— tation furnished in order for a newborn child which payments are made under subchapter (1) in subsection (a)— of a veteran to receive health care services V of chapter 17 of title 38, United States (A) in the matter before paragraph (1), by under section 1786 of title 38, United States Code, and assistance is provided under sub- inserting ‘‘and transportation necessary to Code, during the period specified in para- chapter III of chapter 81 of such title. receive such services’’ after ‘‘described in graph (2), the Secretary may— SEC. 3005. CONTINUATION OF WOMEN’S HEALTH subsection (b)’’; (A) waive a debt owed by the veteran to TRANSITION TRAINING PROGRAM (B) in paragraph (1), by striking ‘‘or’’; the Department of Veterans Affairs or reim- OF DEPARTMENT OF VETERANS AF- (C) in paragraph (2), by striking the period burse expenses already paid by the veteran FAIRS. at the end and inserting ‘‘; or’’; and to the Department for such transportation; (a) DURATION.—The Secretary of Veterans (D) by adding at the end the following new (B) reimburse the veteran for expenses al- Affairs shall carry out the Women’s Health paragraph: ready paid by the veteran to a covered entity Transition Training program of the Depart- ‘‘(3) another location, including a health for such transportation; or ment of Veterans Affairs (in this section re- care facility, if the veteran delivers the child (C) reimburse a covered entity for the costs ferred to as the ‘‘Program’’) until at least before arriving at a facility described in of such transportation. one year after the date of the enactment of paragraph (1) or (2).’’; (2) PERIOD SPECIFIED.—The period specified this Act. (2) in subsection (b), by inserting before in this paragraph is the period beginning on (b) REPORT.—Not later than one year and the period at the end the following: ‘‘, in- May 5, 2010, and ending on the date of the en- ten days after the date of the enactment of cluding necessary health care services pro- actment of this Act. this Act, the Secretary of Defense and the vided by a facility other than the facility (3) COVERED ENTITY DEFINED.—In this sub- Secretary of Veterans Affairs shall jointly where the newborn child was delivered (in- section, the term ‘‘covered entity’’ has the submit to the appropriate congressional cluding a specialty pediatric hospital) that meaning given that term in section 1786(e)(3) committees a report on the Program that in- accepts transfer of the newborn child and re- of title 38, United States Code, as added by cludes the following: sponsibility for treatment of the newborn subsection (a). (1) The number of women members of the child’’; and SEC. 3007. WAIVER OF REQUIREMENTS OF DE- Armed Forces, disaggregated by military de- (3) by adding at the end the following new partment (with respect to the Department of PARTMENT OF VETERANS AFFAIRS subsections: FOR RECEIPT OF PER DIEM PAY- the Navy, disaggregated by the Navy and ‘‘(d) TRANSPORTATION.—(1) Transportation MENTS FOR DOMICILIARY CARE AT Marine Corps), who participated in the Pro- furnished under subsection (a) to, from, or STATE HOMES AND MODIFICATION gram. between care settings to meet the needs of a OF ELIGIBILITY FOR SUCH PAY- (2) The number of courses held under the newborn child includes costs for either or MENTS. Program. both the newborn child and parents. (a) WAIVER OF REQUIREMENTS.—Notwith- (3) The locations at which such courses ‘‘(2) Transportation furnished under sub- standing section 1741 of title 38, United were held, the number of seats available for section (a) includes transportation by ambu- States Code (as amended by subsection (b)),

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7351

the Secretary of Veterans Affairs shall mod- SEC. 3010. DEPARTMENT OF VETERANS AFFAIRS (3) ASSIGNMENT TO MEDICAL CENTERS.—The ify section 51.51(b) of title 38, Code of Federal PILOT PROGRAM FOR CLINICAL OB- Secretary shall assign students selected Regulations (or successor regulations), to SERVATION BY UNDERGRADUATE under paragraph (1) to medical centers se- provide the Secretary the authority to waive STUDENTS. lected under subsection (b) without regard (a) ESTABLISHMENT.—The Secretary of Vet- the requirements under such section 51.51(b) for whether such medical centers have staff- erans Affairs shall carry out a pilot program for a veteran to be eligible for per diem pay- ing shortages in any health professional oc- for a one-year period, beginning not later ments for domiciliary care at a State home cupation pursuant to section 7412 of title 38, than August 15, 2021, to provide certain stu- if— United States Code. dents described in subsection (d) a clinical (1) the veteran has met not fewer than four (e) OTHER MATTERS.—In carrying out the observation experience at medical centers of of the requirements set forth in such section; pilot program under this section, the Sec- the Department of Veterans Affairs. or retary shall— (b) MEDICAL CENTER SELECTION.—The Sec- (1) establish a formal status to facilitate (2) such waiver would be in the best inter- retary shall carry out the pilot program est of the veteran. the access to medical centers of the Depart- under this section at not fewer than five ment by student observers participating in (b) MODIFICATION OF ELIGIBILITY.—Section medical centers of the Department. In se- 1741(a)(1) of title 38, United States Code, is the pilot program; lecting such medical centers, the Secretary (2) establish standardized legal, privacy, amended, in the flush text following subpara- shall ensure regional diversity among such graph (B), by striking ‘‘in a Department fa- and ethical requirements for the student ob- selected medical centers. servers, including with respect to— cility’’ and inserting ‘‘under the laws admin- (c) CLINICAL OBSERVATION SESSIONS.— (A) ensuring that no student observer pro- istered by the Secretary’’. (1) FREQUENCY AND DURATION.—In carrying vides any care to patients while partici- (c) STATE HOME DEFINED.—In this section, out the pilot program, the Secretary shall— pating as an observer; and the term ‘‘State home’’ has the meaning (A) provide at least one and not more than (B) ensuring the suitability of a student to given that term in section 101(19) of title 38, three clinical observation sessions at each participate in the pilot program to ensure United States Code. medical center selected during each calendar that the student poses no risk to patients; year; SEC. 3008. EXPANSION OF QUARTERLY UPDATE (3) develop and implement a partnership (B) ensure that each clinical observation OF INFORMATION ON STAFFING AND strategy with minority-serving institutions VACANCIES AT FACILITIES OF THE session— to encourage referrals; DEPARTMENT OF VETERANS AF- (i) lasts between four and six months; and (4) create standardized procedures for stu- FAIRS TO INCLUDE INFORMATION (ii) to the extent practicable, begins and dent observers; ON DURATION OF HIRING PROCESS. ends concurrently with one or more aca- (5) create an online information page about (a) QUARTERLY UPDATE.—Subsection (a)(1) demic terms of an institution of higher edu- the pilot program on the internet website of of section 505 of the VA MISSION Act of 2018 cation (as defined in section 101 of the Higher the Department; (Public Law 115–182; 38 U.S.C. 301 note) is Education Act of 1965 (20 U.S.C. 1001)); and (6) publish on the online information page amended by adding at the end the following (C) ensure that the clinical observation created under paragraph (5) the locations of new subparagraph: sessions provided at a medical center have such centers, and other information on the ‘‘(E) Beginning with any update under minimal overlap. pilot program, not later than 180 days before paragraph (3) on or after the date of the en- (2) SESSIONS.—The Secretary shall ensure the date on which applications are required actment of the Johnny Isakson and David P. that the pilot program consists of clinical to be submitted by potential student observ- Roe, M.D. Veterans Health Care and Benefits observation sessions as follows: ers; Improvement Act of 2020, the following: (A) Each session shall allow for not fewer (7) identify medical centers and specific ‘‘(i) For employees appointed under para- than five students nor greater than 15 stu- health professionals participating in the graphs (1) and (3) of section 7401 of title 38, dents to participate in the session. pilot program; and United States Code, the number of employ- (B) Each session shall consist of not fewer (8) notify the Committees on Veterans’ Af- ees for which the duration of the process than 20 observational hours nor greater than fairs of the House of Representatives and the from validation of vacancy to receipt of offi- 40 observational hours. Senate of the medical centers selected under cial offer and notification of actual start (C) A majority of the observational hours subsection (c) within 30 days of selection, to date exceeds the metrics laid out in the Time shall be spent observing a health profes- facilitate program awareness. to Hire Model of the Veterans Health Admin- sional. The other observational hours shall istration, or successor model. (f) REPORT.—Not later than 180 days after be spent in a manner that ensures a robust, the completion of the pilot program under ‘‘(ii) The percentage of employees who are well rounded experience that exposes the described in clause (i) compared to all em- subsection (a), the Secretary shall submit to students to a variety of aspects of medical the Committees on Veterans’ Affairs of the ployees appointed under paragraphs (1) and care and health care administration. (3) of section 7401 of such title during the House of Representatives and the Senate a (D) Each session shall provide a diverse report on the results of the pilot program, same period. clinical observation experience. including— ‘‘(iii) The average number of days potential (d) STUDENTS.— (1) the number and demographics of all ap- hires or new hires appointed under para- (1) SELECTION.—The Secretary shall select plicants, those accepted to participate in the graphs (1) and (3) of section 7401 of such title to participate in the pilot program under pilot program, and those who completed the spent in each phase of the Time to Hire subsection (a) students who are— pilot program; and Model, or successor model.’’. (A) nationals of the United States; (2) if participating institutions of higher (b) ANNUAL REPORT.—Subsection (b) of (B) enrolled in an accredited program of education choose to administer satisfaction such section is amended, in the first sen- study at an institution of higher education; surveys that assess the experience of those tence, by adding before the period at the end and who completed the pilot program, the results the following: ‘‘and to improve the onboard (C) referred by their institution of higher of any such satisfaction surveys, provided at timeline for facilities for which the duration education following an internal application the discretion of the institution of higher of the onboarding process exceeds the process. education. metrics laid out in the Time to Hire Model of (2) PRIORITY.—In making such selection, (g) SENSE OF CONGRESS REGARDING DEPART- the Veterans Health Administration, or suc- the Secretary shall give priority to each of MENT OF VETERANS AFFAIRS PILOT PROGRAM cessor model’’. the following five categories of students: FOR CLINICAL OBSERVATION BY UNDER- SEC. 3009. REQUIREMENT FOR CERTAIN DEPART- (A) Students who, at the time of the com- GRADUATE STUDENTS.—It is the sense of Con- MENT OF VETERANS AFFAIRS MED- pletion of their secondary education, resided gress that the pilot program described in ICAL FACILITIES TO HAVE PHYSICAL in a health professional shortage area (as de- subsection (a) should be designed to— LOCATION FOR THE DISPOSAL OF fined in section 332 of the Public Health (1) increase the awareness, knowledge, and CONTROLLED SUBSTANCES MEDICA- Service Act (42 U.S.C. 254e)). empathy of future health professionals to- TIONS. (B) First generation college students (as ward the health conditions common to vet- (a) IN GENERAL.—The Secretary of Vet- defined in section 402A(h)(3) of the Higher erans; erans Affairs shall ensure that each covered Education Act of 1965 (20 U.S.C. 1067q(a))). (2) increase the diversity of the recruit- Department medical facility has a physical (C) Students who have been referred by mi- ment pool of future physicians of the Depart- location where patients may dispose of con- nority-serving institutions (as defined in sec- ment; and trolled substances medications. tion 371(a) of the Higher Education Act of (3) expand clinical observation opportuni- (b) COVERED DEPARTMENT MEDICAL FACIL- 1965 (20 U.S.C. 1067q(a))). ties for all students by encouraging students ITY.—In this section, the term ‘‘covered De- (D) Veterans (as defined in section 101 of of all backgrounds to consider a career in the partment medical facility’’ means a medical title 38, United States Code). health professions. facility of the Department of Veterans Af- (E) Students who indicate an intention to (h) NO ADDITIONAL FUNDS AUTHORIZED.—No fairs with an onsite pharmacy or a physical specialize in a health professional occupa- additional funds are authorized to be appro- location dedicated for law enforcement pur- tion identified by the Inspector General of priated to carry out the requirements of this poses. the Department under section 7412 of title 38, section. Such requirements shall be carried (c) EFFECTIVE DATE.—This section shall United States Code, as having a staffing out using amounts otherwise authorized to take effect on January 1, 2022. shortage. be appropriated.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7352 CONGRESSIONAL RECORD — SENATE December 9, 2020 Subtitle B—Scheduling and Consult of days allowed to complete each step of such (ii) A review of the accuracy of the type of Management process; and consultation setting, either impatient or SEC. 3101. PROCESS AND REQUIREMENTS FOR (B) to ensure that each medical facility of outpatient, that is inputted in the electronic SCHEDULING APPOINTMENTS FOR the Department complies with such process health record. HEALTH CARE FROM DEPARTMENT and requirements. (iii) A review of the appropriateness of the OF VETERANS AFFAIRS AND NON- (2) USE THROUGHOUT DEPARTMENT.— level of urgency of the consultation that is DEPARTMENT HEALTH CARE. (A) IN GENERAL.—The Secretary shall re- inputted in the electronic health record. (a) PROCESS AND REQUIREMENTS.— quire each medical facility of the Depart- (iv) A review of any delayed or unresolved (1) IN GENERAL.—Not later than 60 days ment to use the method or tool described in consultations. after the date of the enactment of this Act, paragraph (1). (2) An identification of such recommenda- the Secretary of Veterans Affairs shall— (B) REPORT.—Not later than one year after tions for corrective action as the Secretary (A) establish a process and requirements the date of the enactment of this Act, the considers necessary, including additional for scheduling appointments for— Secretary shall submit to the Committee on training, increased personnel, and other re- (i) health care from the Department of Veterans’ Affairs of the Senate and the Com- sources. Veterans Affairs; and mittee on Veterans’ Affairs of the House of (3) A certification that the director of each (ii) health care furnished through the Vet- Representatives a report indicating whether medical center of the Department covered by erans Community Care Program under sec- each medical facility of the Department is the audit is in compliance with the process tion 1703 of title 38, United States Code, by a using the method or tool described in para- and requirements established under section non-Department health care provider; and graph (1). 3101(a) and such other requirements relating (B) submit to the Committee on Veterans’ (d) COMPTROLLER GENERAL REPORT.—Not to the scheduling of appointments and man- Affairs of the Senate and the Committee on later than two years after the date of the en- agement of consultations as the Secretary Veterans’ Affairs of the House of Representa- actment of this Act, the Comptroller General considers appropriate. tives a description of such process and re- of the United States shall submit to the (4) With respect to referrals for health care quirements. Committee on Veterans’ Affairs of the Sen- between health care providers or facilities of (2) ELEMENTS OF DESCRIPTION.—The de- ate and the Committee on Veterans’ Affairs the Department, a measurement of, for each scription of the process and requirements for of the House of Representatives a report on medical facility of the Department covered scheduling appointments for health care re- the compliance of the Secretary with the re- by the audit— quired to be submitted under paragraph quirements of this section. (A) the period of time between— (1)(B) shall include— SEC. 3102. AUDITS REGARDING SCHEDULING OF (i) the date that a clinician of the Depart- (A) information on how such process and APPOINTMENTS AND MANAGEMENT ment determines that a veteran requires requirements take into account the access OF CONSULTATIONS FOR HEALTH care from another health care provider or fa- standards established under section 1703B of CARE FROM DEPARTMENT OF VET- ERANS AFFAIRS AND NON-DEPART- cility and the date that the referral for care title 38, United States Code; and MENT HEALTH CARE. is sent to the other health care provider or (B) the maximum number of days allowed (a) IN GENERAL.—Not later than each of facility; to complete each step of such process. one year and two years after the date of the (ii) the date that the referral for care is (3) PERIODIC REVISION.— enactment of this Act, the Secretary of Vet- sent to the other health care provider or fa- (A) IN GENERAL.—The Secretary may revise erans Affairs shall provide for the conduct of cility and the date that the other health care the process and requirements required under a facility-level audit of the scheduling of ap- provider or facility accepts the referral; paragraph (1) as the Secretary considers nec- pointments and the management of con- (iii) the date that the other health care essary. sultations for health care under the laws ad- provider or facility accepts the referral and (B) SUBMITTAL TO CONGRESS.—Not later ministered by the Secretary. the date that the appointment with the than 30 days before revising the process and (b) APPLICATION.— other health care provider or at the other fa- requirements under subparagraph (A), the (1) FIRST AUDIT.—The first audit required cility is made; and Secretary shall submit to the Committee on under subsection (a) shall apply to each med- (iv) the date that the appointment with Veterans’ Affairs of the Senate and the Com- ical facility of the Department of Veterans the other health care provider or at the mittee on Veterans’ Affairs of the House of Affairs. other facility is made and the date of the ap- Representatives a description of such revised (2) SECOND AUDIT.—The second audit re- pointment with the other health care pro- process and requirements, including a de- quired under subsection (a) shall apply to vider or at the other facility; and scription of any modifications to the certifi- only those medical facilities of the Depart- (B) any other period of time that the Sec- cation and training under subsection (b). ment that are in need of corrective action retary determines necessary to measure. (b) CERTIFICATION AND TRAINING ON PROC- based on the first audit, as determined by (5) With respect to referrals for non-De- ESS AND REQUIREMENTS.— the Secretary. partment health care originating from med- (1) CERTIFICATION.—Not later than one year (c) ELEMENTS.—Each audit conducted ical facilities of the Department, a measure- after the date of the enactment of this Act, under subsection (a) shall include the fol- ment of, for each such facility covered by the the Secretary shall require each individual lowing: audit— involved in the scheduling of appointments (1) With respect to each medical center of (A) the period of time between— for health care from the Department or the Department covered by the audit, an as- (i) the date that a clinician of the Depart- health care described in subsection sessment of any scheduling or consultation ment determines that a veteran requires (a)(1)(A)(ii), including schedulers, clinical co- management issues at that medical center, care, or a veteran presents to the Depart- ordinators, and supervisors, to certify to the including the following: ment requesting care, and the date that the Secretary that the individual understands (A) An assessment of noncompliance with referral for care is sent to a non-Department the process and requirements established policies of the Veterans Health Administra- health care provider; under subsection (a), including the max- tion relating to scheduling appointments and (ii) the date that the referral for care is imum number of days allowed to complete managing consultations. sent to a non-Department health care pro- each step of such process. (B) An assessment of the extent to which vider and the date that a non-Department (2) NEW EMPLOYEES.—The Secretary shall appointments or consultations are not time- health care provider accepts the referral; require each employee hired by the Depart- ly processed. (iii) the date that a non-Department health ment on or after the date of the enactment (C) A description of any backlogs in ap- care provider accepts the referral and the of this Act who is to be involved in the pointments or consultations that are await- date that the referral to a non-Department scheduling of appointments for health care ing action. health care provider is completed; from the Department or health care de- (D) An assessment of whether consulta- (iv) the date that the referral to a non-De- scribed in subsection (a)(1)(A)(ii)— tions are appropriately processed. partment health care provider is completed (A) to undergo training on the process and (E) Data with respect to consultations as and the date that an appointment with a requirements established under subsection follows: non-Department health care provider is (a) as part of training for the position for (i) Consultations that were scheduled with- made; and which the employee has been hired; and in the request window. (v) the date that an appointment with a (B) to make the certification to the Sec- (ii) Duplicate consultation requests. non-Department health care provider is retary required under paragraph (1). (iii) Consultations that were discontinued. made and the date that an appointment with (c) METHOD TO MONITOR COMPLIANCE.— (iv) Delays in consultations. a non-Department health care provider oc- (1) IN GENERAL.—Not later than 180 days (v) Consultations that were not properly curs; and after the date of the enactment of this Act, closed or discontinued, including a descrip- (B) any other period of time that the Sec- the Secretary shall establish or maintain a tion of remediation attempts. retary determines necessary to measure. method or tool— (F) A review for accuracy with respect to (d) CONDUCT OF AUDIT BY THIRD PARTY.— (A) to enable monitoring of the compliance consultation management as follows: Each audit conducted under subsection (a) of the Department with the process and re- (i) A review of the accuracy of the type of with respect to a medical facility of the De- quirements established under subsection (a), service, either administrative or clinical, partment shall be conducted by an individual including compliance with policies of the De- that is inputted in the electronic health or entity that is not affiliated with the facil- partment relating to the maximum number record. ity.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7353

(e) TRANSMITTAL TO VHA.—Each audit con- (i) the date that a clinician of the Depart- (2) a description of any changes that the ducted under subsection (a) shall be trans- ment determines that a veteran requires Secretary has made or plans to make to im- mitted to the Under Secretary for Health of care, or a veteran presents to the Depart- prove that process. the Department so that the Under Secretary ment requesting care, and the date that the (c) APPROPRIATE COMMITTEES OF CONGRESS can— referral for care is sent to a non-Department DEFINED.—In this section, the term ‘‘appro- (1) strengthen oversight of the scheduling health care provider; priate committees of Congress’’ means— of appointments and management of con- (ii) the date that the referral for care is (1) the Committee on Veterans’ Affairs and sultations throughout the Department; sent to a non-Department health care pro- the Committee on Appropriations of the Sen- (2) monitor national policy on such sched- vider and the date that a non-Department ate; and uling and management; and health care provider accepts the referral; (2) the Committee on Veterans’ Affairs and (3) develop a remediation plan to address (iii) the date that a non-Department health the Committee on Appropriations of the issues uncovered by those audits. care provider accepts the referral and the House of Representatives. (f) ANNUAL REPORT.— date that the referral to a non-Department TITLE IV—NAVY SEAL BILL MULDER (1) IN GENERAL.—Not later than December health care provider is completed; SEC. 4001. SHORT TITLE. 31 of each year in which an audit is con- (iv) the date that the referral to a non-De- This title may be cited as the ‘‘Navy SEAL ducted under subsection (a), the Secretary partment health care provider is completed Bill Mulder Act of 2020’’. shall submit to the Committee on Veterans’ and the date that an appointment with a Subtitle A—Service-connection and COVID– Affairs of the Senate and the Committee on non-Department health care provider is 19 Veterans’ Affairs of the House of Representa- made; and tives a report on the audit conducted during (v) the date that an appointment with a SEC. 4101. PRESUMPTIONS OF SERVICE-CONNEC- non-Department health care provider is TION FOR MEMBERS OF ARMED that year. FORCES WHO CONTRACT (2) ELEMENTS.—The Secretary shall include made and the date that an appointment with CORONAVIRUS DISEASE 2019 UNDER in each report required by paragraph (1)— a non-Department health care provider oc- CERTAIN CIRCUMSTANCES. (A) the nationwide results of the audit con- curs; and (a) IN GENERAL.—Subchapter VI of chapter ducted under subsection (a); (B) any other period of time that the Sec- 11 of title 38, United States Code, is amended (B) the results of such audit with respect retary determines necessary to measure. by adding at the end the following new sec- to each medical facility of the Department (2) SUBMISSIONS TO CONGRESS.— tion: covered by such audit; (A) IN GENERAL.—Not later than one year ‘‘§ 1164. Presumptions of service-connection (C) an assessment of how the Department after the date of the enactment of this Act, for Coronavirus Disease 2019 strengthened oversight of the scheduling of the Secretary shall submit to the Committee ‘‘(a) PRESUMPTIONS GENERALLY.—(1) For appointments and management of consulta- on Veterans’ Affairs of the Senate and the purposes of laws administered by the Sec- tions at each such facility as a result of the Committee on Veterans’ Affairs of the House retary and subject to section 1113 of this audit; of Representatives the data measured under title, if symptoms of Coronavirus Disease (D) an assessment of how the audit in- paragraph (1), disaggregated by medical fa- 2019 (in this section referred to as ‘COVID– formed the national policy of the Depart- cility. 19’) described in subsection (d) manifest ment with respect to the scheduling of ap- (B) UPDATE.—Not less frequently than bi- within one of the manifestation periods de- pointments and management of consulta- weekly, the Secretary shall update the data scribed in paragraph (2) in an individual who tions; and submitted under subparagraph (A). served in a qualifying period of duty de- (E) a description of any remediation plans (c) COMPTROLLER GENERAL REPORT.— scribed in subsection (b)— to address issues raised by the audit that was (1) REVIEW.—Beginning not later than one ‘‘(A) infection with severe acute res- completed. year after the date of the enactment of this piratory syndrome coronavirus 2 (in this sec- Act, the Comptroller General of the United SEC. 3103. ADMINISTRATION OF NON-DEPART- tion referred to as ‘SARS–CoV–2’) shall be States shall review compliance by the Sec- MENT OF VETERANS AFFAIRS presumed to have occurred during the quali- HEALTH CARE. retary with the requirements of this section, fying period of duty; including a review of the validity and reli- (a) CERTIFICATION OF PROPER ADMINISTRA- ‘‘(B) COVID–19 shall be presumed to have ability of data submitted by the Secretary TION OF NON-DEPARTMENT CARE.— been incurred during the qualifying period of under subsection (b)(2). (1) REVIEW.— duty; and (2) REPORT.—Not later than three years (A) IN GENERAL.—The Secretary of Vet- ‘‘(C) if the individual becomes disabled or after the date of the enactment of this Act, erans Affairs shall conduct a review of the dies as a result of COVID–19, it shall be pre- the Comptroller General shall submit to the staffing, training, and other requirements sumed that the individual became disabled Committee on Veterans’ Affairs of the Sen- necessary to administer section 1703 of title or died during the qualifying period of duty ate and the Committee on Veterans’ Affairs 38, United States Code. for purposes of establishing that the indi- of the House of Representatives the results (B) ELEMENTS.—The review conducted vidual served in the active military, naval, of the review conducted under paragraph (1). under subparagraph (A) shall include, with or air service. respect to each medical facility of the De- SEC. 3104. EXAMINATION OF HEALTH CARE CON- ‘‘(2)(A) The manifestation periods de- partment of Veterans Affairs— SULTATION AND SCHEDULING POSI- scribed in this paragraph are the following: (i) an assessment of the type of positions TIONS OF DEPARTMENT OF VET- ‘‘(i) During a qualifying period of duty de- ERANS AFFAIRS. required to be staffed at the medical facility; scribed in subsection (b), if that period of (ii) the number of such positions author- (a) PROPER GRADING OF CONSULTATION AND duty was more than 48 continuous hours in ized; SCHEDULING POSITIONS.— duration. (iii) the number of such positions funded; (1) IN GENERAL.—The Secretary of Veterans ‘‘(ii) Within 14 days after the individual’s (iv) the number of such positions filled; Affairs shall conduct an examination of completion of a qualifying period of duty de- and health care positions of the Department of scribed in subsection (b). (v) the number of additional such positions Veterans Affairs to determine whether ‘‘(iii) An additional period prescribed under required to be authorized. health care positions involved in the con- subparagraph (B). (2) SUBMITTAL TO CONGRESS.—Not later sultation and scheduling processes are appro- ‘‘(B)(i) If the Secretary determines that a than 180 days after the date of the enactment priately graded. manifestation period of more than 14 days of this Act, and every 180 days thereafter, (2) CONSULTATION.—In conducting the ex- after completion of a qualifying period of the Secretary shall submit to the Committee amination under paragraph (1), the Sec- service is appropriate for the presumptions on Veterans’ Affairs of the Senate and the retary shall consult with health care staffing under paragraph (1), the Secretary may pre- Committee on Veterans’ Affairs of the House experts in the Federal Government and the scribe that additional period by regulation. of Representatives— private sector. ‘‘(ii) A determination under clause (i) shall (A) the results of the review conducted (3) SUBMITTAL TO CONGRESS.—Not later be made in consultation with the Director of under paragraph (1); and than 120 days after the date of the enactment the Centers for Disease Control and Preven- (B) a certification that the Secretary has of this Act, the Secretary shall submit to the tion. established all staffing, training, and other appropriate committees of Congress the re- ‘‘(b) QUALIFYING PERIOD OF DUTY DE- requirements required to be reviewed under sults of the examination conducted under SCRIBED.—A qualifying period of duty de- such paragraph. paragraph (1). scribed in this subsection is— (b) SCHEDULING OF APPOINTMENTS.— (b) REVIEW OF ONBOARDING PROCESS.—Not ‘‘(1) a period of active duty performed— (1) MEASUREMENT OF TIMELINESS FOR EACH later than 180 days after the date of the en- ‘‘(A) during the national emergency de- FACILITY.—Not later than 120 days after the actment of this Act, the Secretary shall sub- clared by the President under the National date of the enactment of this Act, the Sec- mit to the appropriate committees of Con- Emergencies Act (50 U.S.C. 1601 et seq.); and retary shall measure, with respect to refer- gress— ‘‘(B) before the date that is three years rals for non-Department health care origi- (1) a review of the onboarding process of in- after the date of the enactment of the John- nating from medical facilities of the Depart- dividuals in health care positions described ny Isakson and David P. Roe, M.D. Veterans ment, for each such facility— in subsection (a), including how long it takes Health Care and Benefits Improvement Act (A) the period of time between— to hire those individuals; and of 2020; or

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7354 CONGRESSIONAL RECORD — SENATE December 9, 2020 ‘‘(2) training duty under title 10 or full- (C) Communications equipment and serv- (i) to quickly identify temporary alternate time National Guard duty (as defined in sec- ices (such as tablets, smartphones, dispos- sites of care for homeless veterans that are tion 101 of title 10), performed under orders able phones, and related service plans) re- suitable for habitation; issued on or after March 13, 2020— quired to support stability and health (such (ii) to facilitate social distancing or isola- ‘‘(A) during the national emergency de- as maintaining contact with service pro- tion needs; or clared by the President under the National viders, prospective landlords, and family). (iii) to facilitate activation or continu- Emergencies Act (50 U.S.C. 1601 et seq.); and (D) Such other assistance as the Secretary ation of a program for which a grant has ‘‘(B) before the date that is three years determines is needed. been awarded. after the date of the enactment of the John- (2) HOMELESS VETERANS ON LAND OF THE DE- (B) LIMITATION.—The Secretary may waive ny Isakson and David P. Roe, M.D. Veterans PARTMENT.— a requirement pursuant to the authority pro- Health Care and Benefits Improvement Act (A) COLLABORATION.—During a covered vided by subparagraph (A) with respect to a of 2020. public health emergency, to the extent pos- facility of a recipient of a grant or an eligi- ‘‘(c) APPLICATION OF PRESUMPTIONS FOR sible, the Secretary may collaborate with ble entity under the program only if the fa- TRAINING DUTY.—When, pursuant to sub- one or more organizations to manage use of cility meets applicable local safety require- section (a), COVID–19 is presumed to have land of the Department for homeless vet- ments, including fire safety requirements. been incurred during a qualifying period of erans for living and sleeping. (6) DISPOSITION OF PROPERTY RELATING TO duty described in subsection (b)(2)— (B) ELEMENTS.—Collaboration under sub- GRANTS.—During a covered public health ‘‘(1) COVID–19 shall be deemed to have paragraph (A) may include the provision by emergency, if the recipient of a grant award- been incurred in the line of duty during a pe- either the Secretary or the organization of ed before or during such emergency under riod of active military, naval, or air service; food services and security for property, section 2011 of title 38, United States Code, and buildings, and other facilities owned or con- for a project described in subsection (b)(1) of ‘‘(2) where entitlement to benefits under trolled by the Department. such section is no longer providing services this title is predicated on the individual who (b) GRANT AND PER DIEM PROGRAM.— in accordance with the terms of the grant, was disabled or died being a veteran, benefits (1) LIMITS ON RATES FOR PER DIEM PAY- the recipient shall not be subject during such for disability or death resulting from MENTS.—Section 20013(b) of the Coronavirus emergency to any property disposition re- COVID–19 as described in subsection (a) shall Aid, Relief, and Economic Security Act (38 quirements relating to the grant under sub- be paid or furnished as if the individual was U.S.C. 2011 note; Public Law 116–136) is section (c) or (f) of section 61.67 of title 38, a veteran, without regard to whether the pe- amended— Code of Federal Regulations, section riod of duty would constitute active mili- (A) by redesignating paragraphs (1) and (2) 200.311(c) of title 2, Code of Federal Regula- tary, naval, or air service under section 101 as subparagraphs (A) and (B), respectively; tions, or successor regulations. of this title. (B) in the matter preceding subparagraph (c) INSPECTION AND LIFE SAFETY CODE RE- ‘‘(d) SYMPTOMS OF COVID–19.—For pur- (A), as so redesignated, by inserting ‘‘(1)’’ be- QUIREMENTS FOR THERAPEUTIC HOUSING.— poses of subsection (a), symptoms of COVID– fore ‘‘In the case’’; and (1) IN GENERAL.—During a covered public 19 are those symptoms that competent med- (C) by adding at the end the following: health emergency, the Secretary may waive any inspection or life safety code require- ical evidence demonstrates are experienced ‘‘(2) If the Secretary waives any limit on ment under subsection (c) of section 2032 of by an individual affected and directly related grant amounts or rates for per diem pay- title 38, United States Code— to COVID–19. ments under paragraph (1), notwithstanding (A) to allow quick identification of tem- ‘‘(e) MEDICAL EXAMINATIONS AND OPIN- section 2012(a)(2)(B) of such title, the max- porary alternate sites of care for homeless IONS.—If there is a question of whether the imum rate for per diem payments described veterans that are suitable for habitation; symptoms experienced by an individual de- in paragraph (1)(B) shall be three times the (B) to facilitate social distancing or isola- scribed in paragraph (1) of subsection (a) dur- rate authorized for State homes for domi- tion needs; or ing a manifestation period described in para- ciliary care under section 1741 of such title.’’. (C) to facilitate the operation of housing graph (2) of such subsection are attributable (2) MODIFICATION OF FUNDING LIMITS FOR under such section. to COVID–19 resulting from infection with GRANTS.—Subsection (c)(2) of section 2011 of (2) LIMITATION.—The Secretary may waive SARS–CoV–2 during the qualifying period of title 38, United States Code, shall not apply a requirement pursuant to the authority pro- duty, in determining whether a medical ex- to any grant awarded during a covered public vided by paragraph (1) with respect to a resi- amination or medical opinion is necessary to health emergency under such section for a dence or facility referred to in such section make a decision on the claim within the project described in subsection (b)(1) of such 2032 only if the residence or facility, as the meaning of section 5103A(d) of this title, a section. case may be, meets applicable local safety qualifying period of duty described in sub- (3) USE OF PER DIEM PAYMENTS.—During a requirements, including fire safety require- section (b) of this section shall be treated as covered public health emergency, a recipient if it were active military, naval, or air serv- ments. of a grant or an eligible entity under the (d) ACCESS TO DEPARTMENT OF VETERANS ice for purposes of section 5103A(d)(2)(B) of grant and per diem program of the Depart- this title.’’. AFFAIRS TELEHEALTH SERVICES.—To the ex- ment (in this subsection referred to as the tent practicable, during a covered public (b) CLERICAL AMENDMENT.—The table of ‘‘program’’) may use per diem payments health emergency, the Secretary shall en- sections at the beginning of such subchapter under sections 2012 and 2061 of title 38, is amended by adding at the end the fol- sure that veterans participating in or receiv- United States Code, to provide assistance re- ing services from a program under chapter 20 lowing new item: quired for safety and survival (such as food, of title 38, United States Code, have access ‘‘1164. Presumptions of service-connection shelter, clothing, blankets, and hygiene to telehealth services to which such veterans for Coronavirus Disease 2019.’’. items) for— are eligible under the laws administered by Subtitle B—Assistance for Homeless Veterans (A) homeless veterans; and the Secretary, including by ensuring that (B) formerly homeless veterans residing in SEC. 4201. FLEXIBILITY FOR THE SECRETARY OF telehealth capabilities are available to— VETERANS AFFAIRS IN CARING FOR a facility operated wholly or in part by such (1) such veterans; HOMELESS VETERANS DURING A a recipient or eligible entity receiving per (2) case managers of the Department of COVERED PUBLIC HEALTH EMER- diem payments under section 2012 of such programs for homeless veterans authorized GENCY. title. under such chapter; and (a) GENERAL SUPPORT.— (4) ADDITIONAL TRANSITIONAL HOUSING.— (3) community-based service providers for (1) USE OF FUNDS.—During a covered public (A) IN GENERAL.—During a covered public homeless veterans receiving funds from the health emergency, the Secretary of Veterans health emergency, under the program, the Department through grants or contracts. Affairs may use amounts appropriated or Secretary may provide amounts for addi- (e) DEFINITIONS.—In this section: otherwise made available to the Department tional transitional housing beds to facilitate (1) COVERED PUBLIC HEALTH EMERGENCY.— of Veterans Affairs to carry out sections access to housing and services provided to The term ‘‘covered public health emergency’’ 2011, 2012, 2031, and 2061 of title 38, United homeless veterans. means an emergency with respect to COVID– States Code, to provide to homeless veterans (B) NOTICE; COMPETITION; PERIOD OF PER- 19 declared by a Federal, State, or local au- and veterans participating in the program FORMANCE.—The Secretary may provide thority. carried out under section 8(o)(19) of the amounts under subparagraph (A)— (2) HOMELESS VETERAN; VETERAN.—The United States Housing Act of 1937 (42 U.S.C. (i) without notice or competition; and terms ‘‘homeless veteran’’ and ‘‘veteran’’ 1437f(o)(19)) (commonly referred to as ‘‘HUD– (ii) for a period of performance determined have the meanings given those terms in sec- VASH’’), as the Secretary determines is by the Secretary. tion 2002 of title 38, United States Code. needed, the following: (5) INSPECTIONS AND LIFE SAFETY CODE RE- (3) TELEHEALTH.— (A) Assistance required for safety and sur- QUIREMENTS.— (A) IN GENERAL.—The term ‘‘telehealth’’ vival (such as food, shelter, clothing, blan- (A) IN GENERAL.—During a covered public means the use of electronic information and kets, and hygiene items). health emergency, the Secretary may waive telecommunications technologies to support (B) Transportation required to support sta- any requirement under subsection (b) or (c) and promote long-distance clinical health bility and health (such as for appointments of section 2012 of title 38, United States Code, care, patient and professional health-related with service providers, conducting housing in order to allow the recipient of a grant or education, public health, and health admin- searches, and obtaining food and supplies). an eligible entity under the program— istration.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7355

(B) TECHNOLOGIES.—For purposes of sub- ‘‘(6) Such other legal services as the Sec- payments shall be the daily cost of care esti- paragraph (A), ‘‘telecommunications tech- retary determines appropriate. mated by the grant recipient or eligible enti- nologies’’ include video conferencing, the ‘‘(e) FUNDS FOR WOMEN VETERANS.—For ty adjusted by the Secretary under clause internet, streaming media, and terrestrial any fiscal year, not less than 10 percent of (ii). and wireless communications. the amount authorized to be appropriated for ‘‘(ii)(I) The Secretary shall adjust the rate SEC. 4202. LEGAL SERVICES FOR HOMELESS VET- grants under this section shall be used to estimated by the grant recipient or eligible ERANS AND VETERANS AT RISK FOR provide legal services described in subsection entity under clause (i) to exclude other HOMELESSNESS. (d) to women veterans. sources of income described in subclause (III) (a) IN GENERAL.—Subchapter III of chapter ‘‘(f) LOCATIONS.—To the extent practicable, that the grant recipient or eligible entity 20 of title 38, United States Code, is amended the Secretary shall award grants under this certifies to be correct. by inserting after section 2022 the following section to eligible entities in a manner that ‘‘(II) Each grant recipient or eligible entity new section: is equitably distributed across the geo- shall provide to the Secretary such informa- graphic regions of the United States, includ- tion with respect to other sources of income ‘‘§ 2022A. Legal services for homeless veterans as the Secretary may require to make the and veterans at risk for homelessness ing with respect to— ‘‘(1) rural communities; adjustment under subclause (I). ‘‘(a) GRANTS.—Subject to the availability ‘‘(III) The other sources of income referred ‘‘(2) trust lands (as defined in section 3765 of appropriations provided for such purpose, to in subclauses (I) and (II) are payments to of this title); the Secretary shall award grants to eligible the grant recipient or eligible entity for fur- ‘‘(3) Native Americans; and entities that provide legal services to home- nishing services to homeless veterans under ‘‘(4) tribal organizations (as defined in sec- less veterans and veterans at risk for home- programs other than under this subchapter, tion 4 of the Indian Self-Determination and lessness. including payments and grants from other Education Assistance Act (25 U.S.C. 5304)). ‘‘(b) CRITERIA.—(1) The Secretary shall— departments and agencies of the United ‘‘(g) BIENNIAL REPORTS.—(1) Not less fre- ‘‘(A) establish criteria and requirements States, from departments or agencies of quently than once every two years, the Sec- for grants under this section, including cri- State or local government, and from private retary shall submit to the Committee on teria for entities eligible to receive such entities or organizations. Veterans’ Affairs of the Senate and the Com- grants; and ‘‘(iii) For purposes of calculating the rate mittee on Veterans’ Affairs of the House of ‘‘(B) publish such criteria and require- for per diem payments under clause (i), in Representatives a report on grants awarded ments in the Federal Register. the case of a homeless veteran who has care ‘‘(2) In establishing criteria and require- under this section. of a minor dependent while receiving serv- ‘‘(2) To the extent feasible, each report re- ments under paragraph (1), the Secretary ices from the grant recipient or eligible enti- quired by paragraph (1) shall include the fol- shall— ty, the daily cost of care of the homeless vet- lowing with respect to the period covered by ‘‘(A) take into consideration any criteria eran shall be the sum of the daily cost of the report: and requirements needed with respect to car- care of the homeless veteran determined ‘‘(A) The number of homeless veterans and rying out this section in rural communities, under clause (i) plus, for each such minor de- veterans at risk for homelessness assisted. on trust lands, and in the territories and pos- pendent, an amount that equals 50 percent of ‘‘(B) A description of the legal services pro- sessions of the United States; and such daily cost of care. vided. ‘‘(B) consult with organizations that have ‘‘(B)(i)(I) Except as provided in clause (ii), ‘‘(C) A description of the legal matters ad- experience in providing services to homeless and subject to the availability of appropria- dressed. veterans, including— tions, the Secretary may adjust the rate for ‘‘(D) An analysis by the Secretary with re- ‘‘(i) veterans service organizations; per diem payments under this paragraph, as spect to the operational effectiveness and ‘‘(ii) the Equal Justice Works AmeriCorps the Secretary considers appropriate. cost-effectiveness of the services provided.’’. ‘‘(II) Any adjustment made under this Veterans Legal Corps; and (b) CLERICAL AMENDMENT.—The table of clause— ‘‘(iii) such other organizations as the Sec- sections at the beginning of chapter 20 of ‘‘(aa) may not result in a rate that— retary determines appropriate. such title is amended by inserting after the ‘‘(AA) is lower than the rate in effect under ‘‘(c) ELIGIBLE ENTITIES.—The Secretary item relating to section 2022 the following this paragraph as in effect immediately pre- may award a grant under this section to an new item: ceding the date of the enactment of the Navy entity applying for such a grant only if the SEAL Bill Mulder Act of 2020; or applicant for the grant— ‘‘2022A. Legal services for homeless veterans ‘‘(BB) exceeds the rate that is 115 percent ‘‘(1) is a public or nonprofit private entity and veterans at risk for home- of the rate authorized for State homes for with the capacity (as determined by the Sec- lessness.’’. domiciliary care under subsection (a)(1)(A) of retary) to effectively administer a grant (c) CRITERIA.—Not later than 180 days after section 1741 of this title, as the Secretary under this section; the date of the enactment of this Act, the may increase from time to time under sub- ‘‘(2) demonstrates that adequate financial Secretary of Veterans Affairs shall establish section (c) of that section; and support will be available to carry out the and publish in the Federal Register the cri- ‘‘(bb) may be determined on the basis of lo- services for which the grant is sought con- teria and requirements pursuant to sub- cality. sistent with the application; section (b)(1) of section 2022A of title 38, ‘‘(ii) In the case of services furnished to a ‘‘(3) agrees to meet the applicable criteria United States Code, as added by subsection (a). homeless veteran who is placed in housing and requirements established under sub- that will become permanent housing for the section (b)(1); and SEC. 4203. GAP ANALYSIS OF DEPARTMENT OF VETERANS AFFAIRS PROGRAMS veteran upon termination of the furnishing ‘‘(4) has, as determined by the Secretary, of such services to such veteran, the max- demonstrated the capacity to meet such cri- THAT PROVIDE ASSISTANCE TO WOMEN VETERANS WHO ARE HOME- imum rate of per diem authorized under this teria and requirements. LESS. section is 150 percent of the rate authorized ‘‘(d) USE OF FUNDS.—Grants under this sec- (a) IN GENERAL.—The Secretary of Vet- for State homes for domiciliary care under tion shall be used to provide homeless vet- erans Affairs shall complete an analysis of subsection (a)(1)(A) of section 1741 of this erans and veterans at risk for homelessness programs of the Department of Veterans Af- title, as the Secretary may increase from the following legal services: fairs that provide assistance to women vet- time to time under subsection (c) of that sec- ‘‘(1) Legal services relating to housing, in- erans who are homeless or precariously tion.’’. cluding eviction defense, representation in housed to identify the areas in which such (b) REIMBURSEMENT OF CERTAIN FEES.— landlord-tenant cases, and representation in programs are failing to meet the needs of Such section is further amended by adding at foreclosure cases. such women. the end the following new subsection: ‘‘(2) Legal services relating to family law, (b) REPORT.—Not later than 270 days after ‘‘(e) REIMBURSEMENT OF ENTITIES FOR CER- including assistance in court proceedings for the date of the enactment of this Act, the TAIN FEES.—The Secretary may reimburse a child support, divorce, estate planning, and Secretary shall submit to the Committee on recipient of a grant under section 2011, 2013, family reconciliation. Veterans’ Affairs of the Senate and the Com- or 2061 of this title or a recipient of per diem ‘‘(3) Legal services relating to income sup- mittee on Veterans’ Affairs of the House of payments under this section for fees charged port, including assistance in obtaining pub- Representatives a report on the analysis to that grant or per diem payment recipient lic benefits. completed under subsection (a). for the use of the homeless management in- ‘‘(4) Legal services relating to criminal de- formation system described in section 402(f) SEC. 4204. IMPROVEMENTS TO GRANTS AWARDED fense, including defense in matters sympto- BY THE SECRETARY OF VETERANS of the McKinney-Vento Homeless Assistance matic of homelessness, such as outstanding AFFAIRS TO ENTITIES THAT PRO- Act (42 U.S.C. 11360a(f))— warrants, fines, and driver’s license revoca- VIDE SERVICES TO HOMELESS VET- ‘‘(1) in amounts the Secretary determines tion, to reduce recidivism and facilitate the ERANS. to be reasonable; and overcoming of reentry obstacles in employ- (a) INCREASE IN PER DIEM PAYMENTS.— ‘‘(2) if the Secretary determines that the ment or housing. Paragraph (2) of subsection (a) of section 2012 grant or per diem payment recipient is un- ‘‘(5) Legal services relating to requests to of title 38, United States Code, is amended to able to obtain information contained in such upgrade the characterization of a discharge read as follows: system through other means and at no cost or dismissal of a former member of the ‘‘(2)(A)(i) Except as otherwise provided in to the grant or per diem payment recipi- Armed Forces under section 1553 of title 10. subparagraph (B), the rate for such per diem ent.’’.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7356 CONGRESSIONAL RECORD — SENATE December 9, 2020 SEC. 4205. REPEAL OF SUNSET ON AUTHORITY TO were unused due to a lack of case manage- ployers pursuant to subsection (b) of this CARRY OUT PROGRAM OF REFER- ment services provided by the Secretary; and section for purposes of tracking employment RAL AND COUNSELING SERVICES ‘‘(ii) one or more case manager positions of veterans.’’. FOR VETERANS AT RISK FOR HOME- have been vacant for at least nine consecu- LESSNESS WHO ARE TRANSITIONING SEC. 4302. EXPANSION OF ELIGIBLE CLASS OF FROM CERTAIN INSTITUTIONS. tive months immediately preceding the date PROVIDERS OF HIGH TECHNOLOGY PROGRAMS OF EDUCATION FOR (a) IN GENERAL.—Section 2023 of title 38, of such determination.’’; and (2) in subsection (b)(2)— VETERANS. United States Code, is amended— Section 116 of the Harry W. Colmery Vet- (1) by striking subsection (d); and (A) in the matter before subparagraph (A), by striking ‘‘, including because—’’ and in- erans Educational Assistance Act of 2017 (2) by redesignating subsection (e) as sub- (Public Law 115–48; 38 U.S.C. 3001 note) is section (d). serting a period; and (B) by striking subparagraphs (A), (B), and amended— (b) CONFORMING AMENDMENT.—Section (1) in subsection (b), by adding at the end 2021(a)(4) of such title is amended by striking (C). (b) EFFECTIVE DATE.—The amendments the following: ‘‘The Secretary shall treat an ‘‘section 2023(e)’’ and inserting ‘‘section individual as an eligible veteran if the Sec- 2023(d)’’. made by this section shall take effect on the first day of the first fiscal year that begins retary determines that the individual shall SEC. 4206. COORDINATION OF CASE MANAGE- after the date of the enactment of this Act. become an eligible veteran fewer than 180 MENT SERVICES FOR VETERANS RE- days after the date of such determination. If CEIVING HOUSING VOUCHERS SEC. 4208. REPORT ON STAFFING OF DEPART- UNDER TRIBAL HOUSING AND MENT OF HOUSING AND URBAN DE- an individual treated as an eligible veteran URBAN DEVELOPMENT-VETERANS VELOPMENT-DEPARTMENT OF VET- by reason of the preceding sentence does AFFAIRS SUPPORTIVE HOUSING ERANS AFFAIRS SUPPORTED HOUS- anything to make the veteran ineligible dur- PROGRAM. ING PROGRAM. ing the 180-day period referred to in such Section 2003 of title 38, United States Code, Not later than 180 days after the date of sentence, the Secretary may require the vet- is amended by adding at the end the fol- the enactment of this Act, and every three eran to repay any benefits received by such lowing new subsection: years thereafter, the Secretary of Veterans veteran by reason of such sentence.’’; ‘‘(c) MEMORANDUM OF UNDERSTANDING ON Affairs shall submit to the Committee on (2) in subsection (c)— ASSISTANCE FROM INDIAN HEALTH SERVICE.— Veterans’ Affairs of the Senate and the Com- (A) in paragraph (3)(A), by striking ‘‘has The Secretary may enter into a memo- mittee on Veterans’ Affairs of the House of been operational for at least 2 years’’ and in- randum of understanding with the Secretary Representatives a report that includes the serting ‘‘employs instructors whom the Sec- of Health and Human Services under which following: retary determines are experts in their re- case managers of the Indian Health Service (1) An assessment of the hiring needs of the spective fields in accordance with paragraph may provide case management assistance to program carried out under section 8(o)(19) of (6)’’; and veterans who receive housing vouchers under the United States Housing Act of 1937 (42 (B) by adding at the end the following new the Tribal Housing and Urban Development- U.S.C. 1437f(o)(19)) (in this section referred to paragraph: Veterans Affairs Supportive Housing (Tribal as the ‘‘HUD-VASH program’’), including— ‘‘(6) EXPERTS.—The Secretary shall deter- HUD-VASH) program of the Department of (A) an identification of the number of case mine whether instructors are experts under Housing and Urban Development.’’. managers of the HUD-VASH program as of paragraph (3)(A) based on evidence furnished SEC. 4207. CONTRACTS RELATING TO CASE MAN- the date of the report including— to the Secretary by the provider regarding AGERS FOR HOMELESS VETERANS (i) the total number of vacancies; and the ability of the instructors to— IN SUPPORTED HOUSING PROGRAM. (ii) the vacancies at each medical center of ‘‘(A) identify professions in need of new (a) IN GENERAL.—Section 304 of the Hon- the Department of Veterans Affairs; employees to hire, tailor the programs to oring America’s Veterans and Caring for (B) the number of case managers of the meet market needs, and identify the employ- Camp Lejeune Families Act of 2012 (Public HUD-VASH program that the Secretary of ers likely to hire graduates; Law 112–154; 38 U.S.C. 2041 note) is amended— Veterans Affairs and the Secretary of Hous- ‘‘(B) effectively teach the skills offered to (1) in subsection (a)— ing and Urban Development jointly deter- eligible veterans; (A) by inserting ‘‘(1)’’ before ‘‘The Sec- mine necessary to meet the needs of the De- ‘‘(C) provide relevant industry experience retary’’; partment and the program; and in the fields of programs offered to incoming (B) by adding at the end the following new (C) the amount of turnover among case eligible veterans; and paragraphs: managers of the HUD-VASH program and ‘‘(D) demonstrate relevant industry experi- ‘‘(2)(A) The director of each covered med- whether the turnover was planned or unex- ence in such fields of programs.’’; ical center shall seek to enter into one or pected. (3) in subsection (d), in the matter pre- more contracts or agreements described in (2) An assessment of how compensation, in- ceding paragraph (1)— paragraph (1). cluding recruitment and retention incen- (A) by inserting ‘‘(not including an indi- ‘‘(B) Any contract or agreement under sub- tives, for case managers of the HUD-VASH vidual described in the second sentence of paragraph (A) may require that each case program affects turnover, and what percent- subsection (b))’’ after ‘‘each eligible vet- manager employed by an eligible entity who age of retention compensation is provided to eran’’; and performs services under the contract or such case managers at each medical center (B) by inserting ‘‘or part-time’’ after ‘‘full- agreement has credentials equivalent to the of the Department of Veterans Affairs (com- time’’; credentials required for a case manager of pared to other positions). (4) in subsection (g), by striking the Department. (3) A comparison of compensation de- ‘‘$15,000,000’’ and inserting ‘‘$45,000,000’’; and ‘‘(C)(i) The Secretary may waive the re- scribed in paragraph (2) with the compensa- (5) by adding at the end the following new quirement under subparagraph (A) with re- tion provided to State, local, and nongovern- subsection (i): spect to a covered medical center if the Sec- mental housing employees at comparable ‘‘(i) PROHIBITION ON CERTAIN ACCOUNTING OF retary determines that fulfilling such re- training and experience levels. ASSISTANCE.—The Secretary may not con- quirement is infeasible. (4) Examples of how the Department of sider enrollment in a high technology pro- ‘‘(ii) If the Secretary grants a waiver under Veterans Affairs and the Department of gram of education under this section to be clause (i), the Secretary shall, not later than Housing and Urban Development have assistance under a provision of law referred 90 days after granting such waiver, submit to worked with non-Federal partners (such as to in section 3695 of title 38, United States the Committee on Veterans’ Affairs of the local governments, nongovernmental organi- Code.’’. Senate and the Committee on Veterans’ Af- zations, veterans service organizations, and SEC. 4303. PILOT PROGRAM FOR OFF-BASE TRAN- fairs of the House of Representatives a re- employee unions) to meet the staffing needs SITION TRAINING FOR VETERANS port containing— of the HUD-VASH program. AND SPOUSES. ‘‘(I) an explanation of the determination (5) Examples of how medical centers of the (a) EXTENSION OF PILOT PROGRAM.—Sub- made under clause (i); Department of Veterans Affairs with high re- section (a) of section 301 of the Dignified ‘‘(II) a plan to increase the number of case tention rates for case managers of the HUD- Burial and Other Veterans’ Benefits Im- managers of the Department; and VASH program have been able to maintain provement Act of 2012 (Public Law 112–260; 10 ‘‘(III) a plan for the covered medical center staffing levels. U.S.C. 1144 note) is amended— to increase use of housing vouchers allocated Subtitle C—Retraining Assistance for (1) by striking ‘‘During the two-year period to that medical center under the program de- Veterans beginning on the date of the enactment of scribed in paragraph (1). SEC. 4301. ACCESS FOR THE SECRETARIES OF this Act’’ and inserting ‘‘During the five- ‘‘(D) In this paragraph, the term ‘covered LABOR AND VETERANS AFFAIRS TO year period beginning on the date of the en- medical center’ means a medical center of THE FEDERAL DIRECTORY OF NEW actment of the Navy SEAL Bill Mulder Act the Department with respect to which the HIRES. of 2020’’; and Secretary determines that— Section 453A(h) of the Social Security Act (2) by striking ‘‘to assess the feasibility ‘‘(i) more than 15 percent of all housing (42 U.S.C. 653a(h)) is amended by adding at and advisability of providing such program vouchers allocated to that medical center the end the following new paragraph: to eligible individuals at locations other under the program described in paragraph (1) ‘‘(4) VETERAN EMPLOYMENT.—The Secre- than military installations’’. during the fiscal year preceding the fiscal taries of Labor and of Veterans Affairs shall (b) LOCATIONS.—Subsection (c) of such sec- year in which such determination was made have access to information reported by em- tion is amended—

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7357 (1) in paragraph (1)— exceed 50 percent of the amount required by (A) the Committee on Veterans’ Affairs (A) in the paragraph heading, by striking the organization to provide the services de- and the Committee on Armed Services of the ‘‘STATES’’ and inserting ‘‘LOCATIONS’’; and scribed in subsection (b). Senate; and (B) by striking ‘‘not less than three and (f) DEADLINE.—The Secretary shall carry (B) the Committee on Veterans’ Affairs not more than five States’’ and inserting out this section not later than 180 days after and the Committee on Armed Services of the ‘‘not fewer than 50 locations in States (as de- the date of the enactment of this Act. House of Representatives. fined in section 101 of title 38, United States (g) TERMINATION.—The authority to pro- (2) COVERED OFFICIALS.—The term ‘‘covered Code)’’; vide a grant under this section shall termi- officials’’ means— (2) in paragraph (2), by striking ‘‘at least nate on the date that is five years after the (A) the Secretary of Defense; two’’ and inserting ‘‘at least 20’’; and date on which the Secretary implements the (B) the Secretary of Labor; (3) by adding at the end the following new grant program under this section. (C) the Administrator of the Small Busi- paragraphs: SEC. 4305. ONE-YEAR INDEPENDENT ASSESS- ness Administration; and ‘‘(5) PREFERENCES.—In selecting States for MENT OF THE EFFECTIVENESS OF (D) the Secretaries of the military depart- participation in the pilot program, the Sec- TRANSITION ASSISTANCE PROGRAM. ments. retary shall provide a preference for any (a) INDEPENDENT ASSESSMENT.—Not later (3) MILITARY DEPARTMENT.—The term State with— than 90 days after the date of the enactment ‘‘military department’’ has the meaning ‘‘(A) a high rate of usage of unemployment of this Act, the Secretary of Veterans Af- given that term in section 101 of title 10, benefits for recently separated members of fairs, in consultation with the covered offi- United States Code. the Armed Forces; or cials, shall enter into an agreement with an SEC. 4306. LONGITUDINAL STUDY ON CHANGES ‘‘(B) a labor force or economy that has appropriate entity with experience in adult TO TRANSITION ASSISTANCE PRO- been significantly impacted by a covered education to carry out a one-year inde- GRAM. public health emergency. pendent assessment of the Transition Assist- (a) STUDY.—Not later than 90 days after ‘‘(6) COVERED PUBLIC HEALTH EMERGENCY ance Program under sections 1142 and 1144 of the date of the enactment of this Act, the DEFINED.—In this subsection, the term ‘cov- title 10, United States Code (TAP), includ- Secretary of Veterans Affairs, in consulta- tion with the Secretary of Defense, the Sec- ered public health emergency’ means— ing— retary of Labor, and the Administrator of ‘‘(A) the public health emergency declared (1) the effectiveness of the Transition As- the Small Business Administration, shall by the Secretary of Health and Human Serv- sistance Program for members of each mili- conduct a five-year longitudinal study re- ices under section 319 of the Public Health tary department during the entire military garding the Transition Assistance Program Service Act (42 U.S.C. 247d) on January 31, life cycle; under sections 1142 and 1144 of title 10, 2020, with respect to Coronavirus Disease 2019 (2) the appropriateness of the career readi- (COVID–19); or United States Code (TAP), on three separate ness standards of the Transition Assistance cohorts of members of the Armed Forces who ‘‘(B) a domestic emergency declared, based Program; on an outbreak of Coronavirus Disease 2019 have separated from the Armed Forces, in- (3) a review of information that is provided cluding— (COVID–19), by the President, the Secretary to the Department of Veterans Affairs under of Homeland Security, or a State or local au- (1) a cohort that has attended counseling the Transition Assistance Program, includ- under the Transition Assistance Program as thority.’’. ing mental health data; (c) ANNUAL REPORT.—Subsection (e) of implemented on the date of the enactment of (4) whether the Transition Assistance Pro- this Act; such section is amended by adding at the end gram effectively addresses the challenges the following new sentence: ‘‘Each such re- (2) a cohort that attends counseling under veterans face entering the civilian workforce the Transition Assistance Program after the port shall include information about the em- and in translating experience and skills from ployment outcomes of the eligible individ- Secretary of Defense and the Secretary of military service to the job market; Labor implement changes recommended in uals who received such training during the (5) whether the Transition Assistance Pro- year covered by the report.’’. the report under section 136(b); and gram effectively addresses the challenges (3) a cohort that has not attended coun- (d) CONFORMING REPEAL.—Subsection (f) of faced by the families of veterans making the such section is repealed. seling under the Transition Assistance Pro- transition to civilian life; gram. SEC. 4304. GRANTS FOR PROVISION OF TRANSI- (6) appropriate metrics regarding outcomes TION ASSISTANCE TO MEMBERS OF (b) PROGRESS REPORTS.—Not later than 90 of the Transition Assistance Program for days after the date that is one year after the THE ARMED FORCES AFTER SEPA- members of the Armed Forces one year after RATION, RETIREMENT, OR DIS- date of the initiation of the study under sub- CHARGE. separation, retirement, or discharge from section (a), and annually thereafter for the (a) IN GENERAL.—The Secretary of Vet- the Armed Forces; three subsequent years, the Secretary of erans Affairs shall make grants to eligible (7) what the Secretary, in consultation Veterans Affairs, the Secretary of Defense, organizations for the provision of transition with the covered officials and veterans serv- the Secretary of Labor, and the Adminis- assistance to members of the Armed Forces ice organizations, determine to be successful trator of the Small Business Administration who are separated, retired, or discharged outcomes for the Transition Assistance Pro- shall jointly submit to the appropriate com- from the Armed Forces, and spouses of such gram; mittees of Congress a progress report of ac- members. (8) whether members of the Armed Forces tivities under the study during the imme- (b) USE OF FUNDS.—The recipient of a grant achieve successful outcomes for the Transi- diately preceding year. under this section shall use the grant to pro- tion Assistance Program, as determined (c) FINAL REPORT.— vide to members of the Armed Forces and under paragraph (7); (1) IN GENERAL.—Not later than 180 days spouses described in subsection (a) resume (9) how the Secretary and the covered offi- after the completion of the study under sub- assistance, interview training, job recruit- cials provide feedback to each other regard- section (a), the Secretary of Veterans Af- ment training, and related services leading ing such outcomes; fairs, the Secretary of Defense, the Secretary directly to successful transition, as deter- (10) recommendations for the Secretaries of Labor, and the Administrator of the Small mined by the Secretary. of the military departments regarding how Business Administration shall jointly submit (c) ELIGIBLE ORGANIZATIONS.—To be eligi- to improve outcomes for members of the to the appropriate committees of Congress a ble for a grant under this section, an organi- Armed Forces after separation, retirement, report of final findings and recommendations zation shall submit to the Secretary an ap- and discharge; and based on the study. plication containing such information and (11) other topics the Secretary and the cov- (2) ELEMENTS.—The final report under assurances as the Secretary, in consultation ered officials determine would aid members paragraph (1) shall include information re- with the Secretary of Labor, may require. of the Armed Forces as they transition to ci- garding the following: (d) PRIORITY.—In making grants under this vilian life. (A) The percentage of each cohort that re- section, the Secretary shall give priority to (b) REPORT.—Not later than 90 days after ceived unemployment benefits during the an organization that— the completion of the independent assess- study under subsection (a). (1) provides multiple forms of services de- ment under subsection (a), the Secretary and (B) The numbers of months members of scribed in subsection (b); or the covered officials shall jointly submit to each cohort were employed during the study. (2) is located in a State with— the appropriate committees of Congress— (C) Annual starting and ending salaries of (A) a high rate of unemployment among (1) the findings and recommendations (in- members of each cohort who were employed veterans; cluding recommended legislation) of the during the study. (B) a high rate of usage of unemployment independent assessment prepared by the en- (D) How many members of each cohort en- benefits for recently separated members of tity described in subsection (a); and rolled in an institution of higher learning, as the Armed Forces; or (2) responses of the Secretary and the cov- that term is defined in section 3452(f) of title (C) a labor force or economy that has been ered officials to the findings and rec- 38, United States Code. significantly impacted by a covered public ommendations described in paragraph (1). (E) The academic credit hours, degrees, health emergency (as such term is defined in (c) DEFINITIONS.—In this section: and certificates obtained by members of each section 131(n)). (1) APPROPRIATE COMMITTEES OF CON- cohort during the study. (e) AMOUNT OF GRANT.—A grant under this GRESS.—The term ‘‘appropriate committees (F) The annual income of members of each section shall be in an amount that does not of Congress’’ means— cohort.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7358 CONGRESSIONAL RECORD — SENATE December 9, 2020 (G) The total household income of mem- facilities of the Department to address and that occurs outside of regular business bers of each cohort. remedy deficiencies, and to perform over- hours; and (H) How many members of each cohort own sight of implementation of such standards of ‘‘(2) not less frequently than quarterly, their principal residences. care. each medical facility of the Department con- (I) How many dependents members of each ‘‘(4) To monitor and identify deficiencies in venes a focus group of women veterans that cohort have. standards of care for the provision of health includes a discussion of harassment occur- (J) The percentage of each cohort that care for women veterans provided through ring at such facility. achieves a successful outcome for the Transi- the community pursuant to this title and to ‘‘(f) DEFINITIONS.—In this section: tion Assistance Program, as determined provide recommendations to the appropriate ‘‘(1) The term ‘appropriate congressional under section 136(a)(7). office to address and remedy any defi- committees’ has the meaning given that (K) Other criteria the Secretaries and the ciencies. term in section 7310A(h) of this title. Administrator of the Small Business Admin- ‘‘(5) To oversee distribution of resources ‘‘(2) The term ‘facility of the Department’ istration determine appropriate. and information related to health program- has the meaning given the term ‘facilities of (d) APPROPRIATE COMMITTEES OF CONGRESS ming for women veterans under this title. the Department’ in section 1701(3) of this DEFINED.—In this section, the term ‘‘appro- ‘‘(6) To promote the expansion and im- title. priate committees of Congress’’ means— provement of clinical, research, and edu- ‘‘(3) The term ‘Veterans Equitable Re- (1) the Committee on Veterans’ Affairs and cational activities of the Veterans Health source Allocation system’ means the re- the Committee on Armed Services of the Administration with respect to the health source allocation system established pursu- Senate; and care of women veterans. ant to section 429 of the Departments of Vet- (2) the Committee on Veterans’ Affairs and ‘‘(7) To provide, as part of the annual budg- erans Affairs and Housing and Urban Devel- the Committee on Armed Services of the eting process, recommendations with respect opment, and Independent Agencies Appro- House of Representatives. to the amounts to be requested for fur- priations Act, 1997 (Public Law 104–204; 110 TITLE V—DEBORAH SAMPSON nishing hospital care and medical services to Stat. 2929). women veterans pursuant to chapter 17 of SEC. 5001. SHORT TITLE. ‘‘§ 7310A. Annual reports on women’s health this title, including, at a minimum, rec- This title may be cited as the ‘‘Deborah ‘‘(a) ANNUAL REPORTS.—Not later than De- ommendations that ensure that such Sampson Act of 2020’’. cember 1 of each year, the Chief Officer of amounts either reflect or exceed the propor- Women’s Health shall submit to the appro- Subtitle A—Improving Access for Women Vet- tion of veterans enrolled in the system of pa- priate congressional committees a report erans to the Department of Veterans Af- tient enrollment of the Department estab- containing the matters under subsections (b) fairs lished and operated under section 1705(a) of through (g). SEC. 5101. OFFICE OF WOMEN’S HEALTH IN DE- this title who are women. ‘‘(b) OFFICE OF WOMEN’S HEALTH.—Each re- PARTMENT OF VETERANS AFFAIRS. ‘‘(8) To provide recommendations to the port under subsection (a) shall include a de- (a) CHIEF OFFICER OF WOMEN’S HEALTH.— Under Secretary for Health with respect to scription of— Subsection (a) of section 7306 of title 38, modifying the Veterans Equitable Resource ‘‘(1) actions taken by the Office of Women’s United States Code, is amended— Allocation system, or successor system, to Health established under section 7310 of this (1) by redesignating paragraph (10) as para- ensure that resource allocations under such title in the preceding fiscal year to improve graph (11); and system, or successor system, reflect the the provision of health care by the Depart- (2) by inserting after paragraph (9) the fol- health care needs of women veterans. ment to women veterans; lowing new paragraph (10): ‘‘(9) To carry out such other duties as the ‘‘(2) any identified deficiencies related to ‘‘(10) The Chief Officer of Women’s Under Secretary for Health may require. the provision of health care by the Depart- Health.’’. ‘‘(c) RECOMMENDATIONS.—(1) If the Under ment to women veterans and the standards (b) ORGANIZATION OF OFFICE AND ANNUAL Secretary for Health determines not to im- of care established in such section and the REPORTS.— plement any recommendation made by the plan of the Department to address such defi- (1) IN GENERAL.—Subchapter I of chapter 73 Chief Officer with respect to the allocation ciencies; of title 38, United States Code, is amended by of resources to address the health care needs ‘‘(3) the funding and personnel provided to adding at the end of the following new sec- of women veterans, the Secretary shall no- the Office and whether additional funding or tions: tify the appropriate congressional commit- personnel are needed to meet the require- ‘‘§ 7310. Office of Women’s Health tees of such determination by not later than ments of such section; and ‘‘(4) other information that would be of in- ‘‘(a) ESTABLISHMENT.—(1) The Under Sec- 30 days after the date on which the Under terest to the appropriate congressional com- retary for Health shall establish and operate Secretary for Health receives the rec- mittees with respect to oversight of the pro- in the Veterans Health Administration the ommendation. vision of health care by the Department to Office of Women’s Health (in this section re- ‘‘(2) Each notification under paragraph (1) women veterans. ferred to as the ‘Office’). relating to a determination with respect to a ‘‘(c) ACCESS TO GENDER-SPECIFIC SERV- ‘‘(2) The Office shall be located at the Cen- recommendation shall include the following: ‘‘(A) The reasoning of the Under Secretary ICES.—(1) Each report under subsection (a) tral Office of the Department of Veterans Af- shall include an analysis of the access of fairs. for Health in making the determination. ‘‘(B) An alternative, if one is selected, to women veterans to gender-specific services ‘‘(3)(A) The head of the Office is the Chief under contracts, agreements, or other ar- Officer of Women’s Health (in this section re- the recommendation that the Under Sec- retary for Health will carry out to fulfill the rangements with non-Department medical ferred to as the ‘Chief Officer’). providers entered into by the Secretary for health care needs of women veterans. ‘‘(B) The Chief Officer shall report to the the provision of hospital care or medical ‘‘(d) STANDARDS OF CARE.—For purposes of Under Secretary for Health. services to veterans. ‘‘(4) The Under Secretary for Health shall carrying out the functions of the Office ‘‘(2) The analysis under paragraph (1) shall provide the Office with such staff and other under this section, the standards of care for include data and performance measures for support as may be necessary for the Office to the provision of health care for women vet- the availability of gender-specific services carry out effectively the functions of the Of- erans from the Department shall include, at described in such paragraph, including— fice under this section. a minimum, the following: ‘‘(A) the average wait time between the ‘‘(5) The Under Secretary for Health may ‘‘(1) A requirement for— preferred appointment date of the veteran reorganize existing offices within the Vet- ‘‘(A) at least one designated women’s and the date on which the appointment is erans Health Administration as of the date health primary care provider at each med- completed; of the enactment of this section in order to ical center of the Department whose duties ‘‘(B) the average driving time required for avoid duplication with the functions of the include, to the extent practicable, providing veterans to attend appointments; and Office. training to other health care providers of the ‘‘(C) reasons why appointments could not ‘‘(b) FUNCTIONS.—The functions of the Of- Department with respect to the needs of be scheduled with non-Department medical fice include the following: women veterans; and providers. ‘‘(1) To provide a central office for moni- ‘‘(B) at least one designated women’s ‘‘(d) MODELS OF CARE.—(1) Each report toring and encouraging the activities of the health primary care provider at each com- under subsection (a) shall include an anal- Veterans Health Administration with re- munity-based outpatient clinic of the De- ysis of the use by the Department of general spect to the provision, evaluation, and im- partment who may serve women patients as primary care clinics, separate but shared provement of health care services provided a percentage of the total duties of the pro- spaces, and women’s health centers as deliv- to women veterans by the Department. vider. ery of care models for women veterans. ‘‘(2) To develop and implement standards ‘‘(2) Other requirements as determined by ‘‘(2) The analysis under paragraph (1) shall of care for the provision of health care for the Under Secretary for Health. include the following: women veterans by the Department. ‘‘(e) OUTREACH.—The Chief Officer shall en- ‘‘(A) The number of facilities of the De- ‘‘(3) To monitor and identify deficiencies in sure that— partment that fall into each delivery of care standards of care for the provision of health ‘‘(1) not less frequently than biannually, model described in such paragraph, care for women veterans by the Department, each medical facility of the Department disaggregated by Veterans Integrated Serv- to provide technical assistance to medical holds a public forum for women veterans ice Network and State.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7359 ‘‘(B) A description of the criteria used by ‘‘(2) The term ‘gender-specific services’ licly available a report on the compliance of the Department to determine which such means mammography, obstetric care, gyne- the medical center with the standards; and model is most appropriate for each facility cological care, and such other services as the (5) a remediation plan. of the Department. Secretary determines appropriate.’’. (b) REPORT.—Not later than 180 days after ‘‘(C) An assessment of how the Department (2) REFERENCES TO HEALTH CARE AND SERV- the date of the enactment of this Act, the decides to make investments to modify fa- ICES.—The references to health care and the Secretary shall submit to the Committee on cilities to a different model. references to services in sections 7310 and Veterans’ Affairs of the Senate and the Com- ‘‘(D) A description of what, if any, plans 7310A of title 38, United States Code, as mittee on Veterans’ Affairs of the House of the Department has to modify facilities from added by paragraph (1), are references to the Representatives a report certifying in writ- general primary care clinics to another health care and services included in the med- ing that the policy required by subsection (a) model. ical benefits package provided by the De- has been finalized and disseminated to all ‘‘(E) An assessment of whether any facili- partment as in effect on the day before the medical centers of the Department. ties could be modified to a separate but date of the enactment of this Act. SEC. 5104. PROVISION OF REINTEGRATION AND shared space for a women’s health center (3) CLERICAL AMENDMENT.—The table of READJUSTMENT SERVICES TO VET- within planned investments under the stra- sections for such chapter is amended by in- ERANS AND FAMILY MEMBERS IN GROUP RETREAT SETTINGS. tegic capital investment planning process of serting after the item relating to section (a) IN GENERAL.—Section 1712A of title 38, the Department. 7309A the following new items: ‘‘(F) An assessment of whether any facili- United States Code, is amended— ‘‘7310. Office of Women’s Health. ties could be modified to a separate or shared (1) in subsection (a)(1)(B)— ‘‘7310A. Annual reports on women’s health.’’. space or a women’s health center with minor (A) in clause (ii), by redesignating sub- (c) INITIAL REPORT.—The Chief Officer of modifications to existing plans under the clauses (I) and (II) as items (aa) and (bb); Women’s Health of the Department of Vet- strategic capital investment planning proc- (B) by redesignating clauses (i) and (ii) as erans Affairs shall submit the initial report ess of the Department. subclauses (I) and (II); under section 7310A of title 38, United States ‘‘(G) An assessment of whether the Depart- (C) in the matter preceding subclause (I), Code, as added by subsection (b), by not later ment has a goal for how many facilities as redesignated by subparagraph (B), by than one year after the date of the enact- should fall into each such model. striking ‘‘Counseling’’ and inserting ‘‘(i) ment of this Act. ‘‘(e) STAFFING.—Each report under sub- Counseling’’; and section (a) shall include an analysis of the SEC. 5102. WOMEN VETERANS RETROFIT INITIA- (D) by adding at the end the following new staffing of the Department relating to the TIVE. clause: treatment of women, including the fol- (a) IN GENERAL.—The Secretary of Vet- ‘‘(ii)(I) Except as provided in subclauses lowing, disaggregated by Veterans Inte- erans Affairs shall prioritize the retrofitting (IV) and (V), counseling furnished to an indi- grated Service Network and State (except of existing medical facilities of the Depart- vidual under subparagraph (A) may include with respect to paragraph (4)): ment of Veterans Affairs with fixtures, ma- reintegration and readjustment services de- ‘‘(1) The number of women’s health cen- terials, and other outfitting measures to sup- scribed in subclause (II) furnished in group ters. port the provision of care to women veterans retreat settings. ‘‘(2) The number of patient aligned care at such facilities. ‘‘(II) Reintegration and readjustment serv- teams of the Department relating to wom- (b) PLAN.— ices described in this subclause are the fol- en’s health. (1) IN GENERAL.—Not later than one year lowing: ‘‘(3) The number of full- and part-time gyn- after the date of the enactment of this Act, ‘‘(aa) Information on reintegration of the ecologists of the Department. the Secretary shall submit to Congress, the individual into family, employment, and ‘‘(4) The number of designated women’s Committee on Veterans’ Affairs of the Sen- community. health care providers of the Department, ate, and the Committee on Veterans’ Affairs ‘‘(bb) Financial counseling. disaggregated by facility of the Department. of the House of Representatives a plan to ad- ‘‘(cc) Occupational counseling. ‘‘(5) The number of health care providers of dress deficiencies in environment of care for ‘‘(dd) Information and counseling on stress the Department who have completed a mini- women veterans at medical facilities of the reduction. residency for women’s health care through Department. ‘‘(ee) Information and counseling on con- the Women Veterans Health Care Mini-Resi- (2) ELEMENTS.—The plan required by para- flict resolution. dency Program of the Department during the graph (1) shall include the following: ‘‘(ff) Such other information and coun- one-year period preceding the submittal of (A) An explanation of the specific environ- seling as the Secretary considers appropriate the report and the number of mini-residency ment of care deficiencies that need cor- to assist the individual in reintegration into training slots for such program that are recting. family, employment, and community. ‘‘(III) In furnishing reintegration and read- available during the one-year period fol- (B) An assessment of how the Secretary justment services under subclause (I), the lowing such date. prioritizes retrofitting existing medical fa- Secretary shall offer women the opportunity ‘‘(6) The number of designated women’s cilities to support provision of care to women veterans in comparison to other re- to receive such services in group retreat set- health care providers of the Department who tings in which the only participants are have sufficient women patient loads or case quirements. (C) A five-year strategic plan and cost pro- women. complexities to retain their competencies ‘‘(IV) An individual described in subpara- jection for retrofitting medical facilities of and proficiencies. graph (C)(v) may receive reintegration and the Department to support the provision of ‘‘(f) ACCESSIBILITY AND TREATMENT OP- readjustment services under subclause (I) of care to women veterans as required under TIONS.—Each report under subsection (a) this clause only if the individual receives subsection (a). shall include an analysis of the accessibility such services with a family member de- and treatment options for women veterans, (c) AUTHORIZATION OF APPROPRIATIONS.— scribed in subclause (I) or (II) of such sub- including the following: Subject to appropriations and the plan under paragraph. ‘‘(1) An assessment of wheelchair accessi- (b), there is authorized to be appropriated to ‘‘(V) In each of fiscal years 2021 through bility of women’s health centers of the De- the Secretary $20,000,000 to carry out sub- 2025, the maximum number of individuals to partment, including, with respect to each section (a) in addition to amounts otherwise whom integration and readjustment services such center, an assessment of accessibility made available to the Secretary for the pur- may be furnished in group retreat settings for each kind of treatment provided at the poses set forth in such subsection. under this subclause (I) shall not exceed 1,200 center, including with respect to radiology SEC. 5103. ESTABLISHMENT OF ENVIRONMENT individuals.’’. and mammography, that addresses all rel- OF CARE STANDARDS AND INSPEC- (b) REQUEST FOR SERVICES.—Subsection evant factors, including door sizes, hoists, TIONS AT DEPARTMENT OF VET- (a)(2) of such section is amended— and equipment. ERANS AFFAIRS MEDICAL CENTERS. (1) by striking ‘‘Upon’’ and inserting ‘‘(A) ‘‘(2) The options for women veterans to ac- (a) IN GENERAL.—The Secretary of Vet- Upon’’; cess mental health providers and primary erans Affairs shall establish a policy under (2) by striking ‘‘paragraph (1)(B)’’ and in- care providers who are women. which the environment of care standards and serting ‘‘paragraph (1)(B)(i)’’; and ‘‘(3) The options for women veterans at inspections at medical centers of the Depart- (3) by adding at the end the following new medical facilities of the Department with re- ment of Veterans Affairs include— subparagraph: spect to clothing sizes, including for gowns, (1) an alignment of the requirements for ‘‘(B) Upon the request of an individual de- drawstring pants, and pajamas. such standards and inspections with the scribed in paragraph (1)(C), the Secretary ‘‘(g) DEFINITIONS.—In this section: women’s health handbook of the Veterans shall furnish the individual reintegration ‘‘(1) The term ‘appropriate congressional Health Administration; and readjustment services in group retreat committees’ means— (2) a requirement for the frequency of such settings under paragraph (1)(B)(ii) if the Sec- ‘‘(A) the Committee on Appropriations and inspections; retary determines the experience will be the Committee on Veterans’ Affairs of the (3) delineation of the roles and responsibil- therapeutically appropriate.’’. Senate; and ities of staff at each medical center who are SEC. 5105. PROVISION OF LEGAL SERVICES FOR ‘‘(B) the Committee on Appropriations and responsible for compliance; WOMEN VETERANS. the Committee on Veterans’ Affairs of the (4) the requirement that each medical cen- (a) AGREEMENT REQUIRED.—The Secretary House of Representatives. ter submit to the Secretary and make pub- of Veterans Affairs shall enter into one or

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7360 CONGRESSIONAL RECORD — SENATE December 9, 2020 more agreements with public or private enti- supportive services specifically for women type of care that is most appropriate or fea- ties to provide legal services to women vet- veterans, and in particular, on the services sible for such medical center. erans. described in subparagraph (A). ‘‘(3) In the case that child care assistance (b) FOCUS.—The focus of an agreement en- (E) The results of the surveys conducted under this section is provided as a stipend tered into under subsection (a) shall be to under subsection (a). under paragraph (1)(A), such stipend shall address the following unmet needs of women (F) A review of the resources and program- cover the full cost of such child care.’’. veterans as set forth in the most recently ming offered to woman veterans under such (2) CONFORMING AMENDMENT.—Section completed Community Homelessness Assess- section. 205(e) of the Caregivers and Veterans Omni- ment, Local Education and Networking (G) An assessment of such other areas as bus Health Services Act of 2010 (Public Law Groups for Veterans (CHALENG for Vet- the Comptroller General considers appro- 111–163; 38 U.S.C. 1710 note) is amended by erans) survey: priate. striking ‘‘September 30, 2020’’ and inserting (1) Child support. SEC. 5107. PROGRAMS ON ASSISTANCE FOR ‘‘the date of the enactment of the Deborah (2) Prevention of eviction and foreclosure. CHILD CARE FOR CERTAIN VET- Sampson Act of 2020’’. (3) Discharge upgrades. ERANS. (3) CLERICAL AMENDMENT.—The table of (4) Financial guardianship. (a) ASSISTANCE FOR CHILD CARE FOR CER- sections at the beginning of chapter 17 of (5) Credit counseling. TAIN VETERANS RECEIVING HEALTH CARE.— such title is amended by inserting after the (6) Family reconciliation assistance. (1) IN GENERAL.—Subchapter I of chapter 17 item relating to section 1709B the following SEC. 5106. COMPTROLLER GENERAL SURVEYS of title 38, United States Code, is amended by new item: AND REPORT ON SUPPORTIVE SERV- adding at the end the following new section: ICES PROVIDED FOR VERY LOW-IN- ‘‘1709C. Assistance for child care for certain COME WOMEN VETERANS. ‘‘§ 1709C. Assistance for child care for certain veterans receiving health (a) SURVEYS.— veterans receiving health care care,’’. (1) SURVEY OF WOMEN VETERANS.—The ‘‘(a) PROGRAM REQUIRED.—The Secretary (b) PILOT PROGRAM ON ASSISTANCE FOR Comptroller General of the United States shall carry out a program to provide, subject CHILD CARE FOR CERTAIN VETERANS RECEIV- shall survey women veterans who have re- to subsection (b), assistance to qualified vet- ING READJUSTMENT COUNSELING AND RELATED ceived or are receiving supportive services erans described in subsection (c) to obtain MENTAL HEALTH SERVICES.— provided under section 2044 of title 38, United child care so that such veterans can receive (1) IN GENERAL.—The Secretary of Veterans States Code, to determine satisfaction with health care services described in subsection Affairs shall carry out a pilot program to as- the ability of such services to meet the spe- (c)(2). sess the feasibility and advisability of pro- cific needs of such veterans. ‘‘(b) LIMITATION ON PERIOD OF PAYMENTS.— viding, subject to paragraph (2), assistance (2) SURVEY OF ELIGIBLE ENTITIES.—The Assistance may be provided to a qualified to qualified veterans described in paragraph Comptroller General shall survey eligible en- veteran under this section for receipt of (3) to obtain child care so that such veterans tities receiving financial assistance under child care only during the period that the can receive readjustment counseling and re- such section and other partners of the De- qualified veteran— lated mental health services. partment of Veterans Affairs, including vet- ‘‘(1) receives the types of health care serv- (2) LIMITATION ON PERIOD OF PAYMENTS.— erans service organizations and the National ices described in subsection (c)(2) at a facil- Assistance may be provided to a qualified Coalition of Homeless Veterans, on the view ity of the Department; and veteran under the pilot program for receipt of such entities and partners regarding— ‘‘(2) requires travel to and return from of child care only during the period that the (A) whether the Department is meeting the such facility for the receipt of such health qualified veteran receives readjustment needs of women veterans through the provi- care services. counseling and related health care services sion of supportive services under such sec- ‘‘(c) QUALIFIED VETERANS.—For purposes of at a Vet Center. tion; and this section, a qualified veteran is a veteran (3) QUALIFIED VETERANS.—For purposes of (B) any additional supportive services that who— this subsection, a qualified veteran is a vet- may be required to meet such needs. ‘‘(1) is the primary caretaker of a child or eran who— (b) REPORT.— children; and (A) is the primary caretaker of a child or (1) IN GENERAL.—Not later than 18 months ‘‘(2)(A) receives from the Department— children; and after the date of the enactment of this Act, ‘‘(i) regular mental health care services; (B)(i) receives from the Department reg- the Comptroller General of the United States ‘‘(ii) intensive mental health care services; ular readjustment counseling and related shall submit to the Committee on Veterans’ or mental health services; or Affairs of the Senate and the Committee on ‘‘(iii) such other intensive health care serv- (ii) is in need of regular readjustment Veterans’ Affairs of the House of Representa- ices that the Secretary determines that pro- counseling and related mental health serv- tives a report on the efforts of the Depart- vision of assistance to the veteran to obtain ices from the Department, and but for lack ment of Veterans Affairs to provide sup- child care would improve access to such of child care services, would receive such portive services to women veterans under health care services by the veteran; or counseling and services from the Depart- section 2044 of title 38, United States. ‘‘(B) is in need of regular or intensive men- ment. (2) ELEMENTS.—The report required by tal health care services from the Depart- (4) LOCATIONS.—The Secretary shall carry paragraph (1) shall include the following: ment, and but for lack of child care services, out the pilot program in not fewer than (A) A review of how the Department deter- would receive such health care services from three Readjustment Counseling Service Re- mines which categories of supportive serv- the Department. gions selected by the Secretary for purposes ices would be beneficial to women veterans ‘‘(d) LOCATIONS.—Not later than five years of the pilot program. who receive services under such section. after the date of the enactment of the Debo- (5) FORMS OF CHILD CARE ASSISTANCE.— (B) A description of the challenges women rah Sampson Act of 2020, the Secretary shall (A) IN GENERAL.—Child care assistance veterans who have children face in accessing carry out the program at each medical cen- under the pilot program may include the fol- supportive services under such section, in- ter of the Department. lowing: cluding with respect to accessing— ‘‘(e) FORMS OF CHILD CARE ASSISTANCE.—(1) (i) Stipends for the payment of child care (i) homeless shelters with their children; Child care assistance under this section may offered by a licensed child care center (either (ii) homeless shelters that have restric- include the following: directly or through a voucher program) that tions on male children; and ‘‘(A) Stipends for the payment of child care shall be, to the extent practicable, modeled (iii) affordable child care. offered by a licensed child care center (either after the Department of Veterans Affairs (C) A description of how the Department directly or through a voucher program) that Child Care Subsidy Program established pur- identifies eligible entities under such section shall be, to the extent practicable, modeled suant to section 630 of the Treasury and Gen- that can provide supportive services to meet after the Department of Veterans Affairs eral Government Appropriations Act, 2002 the needs of women veterans, including eligi- Child Care Subsidy Program established pur- (Public Law 107–67; 115 Stat. 552). ble entities with experience in— suant to section 630 of the Treasury and Gen- (ii) Payments to private child care agen- (i) intimate partner violence; eral Government Appropriations Act, 2002 cies. (ii) legal matters pertaining especially to (Public Law 107–67; 115 Stat. 552). (iii) Collaboration with facilities or pro- women veterans, including temporary re- ‘‘(B) Direct provision of child care at an grams of other Federal agencies. straining orders and child care orders; on-site facility of the Department. (iv) Such other forms of assistance as the (iii) supportive services for children; and ‘‘(C) Payments to private child care agen- Secretary considers appropriate. (iv) the evaluation of which categories of cies. (B) LOCAL AREA.—In providing child care services would be beneficial to women vet- ‘‘(D) Collaboration with facilities or pro- assistance under the pilot program, the child erans who receive such services under such grams of other Federal agencies. care needs of the local area shall be consid- section. ‘‘(E) Such other forms of assistance as the ered and the head of each Vet Center may se- (D) A description of how much the Depart- Secretary considers appropriate. lect the type of care that is most appropriate ment spends, from funds appropriated to ‘‘(2) In providing child care assistance or feasible for such Vet Center. carry out such section and funds provided under this section, the child care needs of (C) USE OF STIPEND.—In the case that child under the Coronavirus Aid, Relief, and Eco- the local area shall be considered and the care assistance under the pilot program is nomic Security Act (Public Law 116–136), on head of each medical center may select the provided as a stipend under subparagraph

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7361 (A)(i), such stipend shall cover the full cost erans for assistance with accessing health Affairs $1,000,000 for each fiscal years 2021 of such child care. care and benefits furnished under the laws through 2025 to provide opportunities for (6) DURATION.—The pilot program shall be administered by the Secretary. participation in the Women Veterans Health carried out during the two-year period begin- SEC. 5110. STUDY ON INFERTILITY SERVICES Care Mini-Residency Program of the Depart- ning on the date of the commencement of FURNISHED AT DEPARTMENT OF ment of Veterans Affairs for primary care the pilot program. VETERANS AFFAIRS. and emergency care clinicians. (7) REPORT.— (a) STUDY REQUIRED.—The Secretary of (b) TREATMENT OF AMOUNTS.—The amounts (A) IN GENERAL.—Not later than 180 days Veterans Affairs shall conduct a study on authorized to be appropriated under sub- after the completion of the pilot program, the infertility services offerings at the De- section (a) shall be in addition to amounts the Secretary shall submit to Congress a re- partment of Veterans Affairs. otherwise made available to the Secretary port on the pilot program. (b) ELEMENTS.—The study conducted under for the purposes set forth in such subsection. (B) ELEMENTS.—The report required by subsection (a) shall include the following: SEC. 5203. ESTABLISHMENT OF WOMEN VETERAN subparagraph (A) shall include the findings (1) An assessment of the following: TRAINING MODULE FOR NON-DE- and conclusions of the Secretary regarding (A) The availability of infertility services PARTMENT OF VETERANS AFFAIRS the pilot program, and shall include such at facilities of the Department and through HEALTH CARE PROVIDERS. recommendations for the continuation or ex- laws administered by the Secretary for the (a) IN GENERAL.—Not later than one year pansion of the pilot program as the Sec- provision of non-Department care. after the date of the enactment of this Act, retary considers appropriate. (B) The demand for such services from eli- the Secretary of Veterans Affairs shall es- (8) VET CENTER DEFINED.—In this sub- gible individuals. tablish and make available to community section, the term ‘‘Vet Center’’ has the (2) Identification of potential challenges in providers a training module that is specific meaning given that term in section 1712A(h) accessing infertility services for eligible in- to women veterans. of title 38, United States Code. dividuals. (b) TRAINING MATERIALS PROVIDED.—Under SEC. 5108. AVAILABILITY OF PROSTHETICS FOR (3) An analysis of Department resources for the training module established and made WOMEN VETERANS FROM DEPART- the furnishing of infertility services, includ- available to community providers under sub- MENT OF VETERANS AFFAIRS. ing analysis of Department workforce and section (a), the Secretary shall provide to (a) ACCESS AT EACH MEDICAL FACILITY.— non-Department providers. community providers the same training ma- Section 1714(a) of title 38, United States (4) Development of recommendations for terials relating to treatment of women vet- Code, is amended— the improvement of infertility services erans that is provided to health care pro- (1) by striking ‘‘(a) Any veteran’’ and in- under laws administered by the Secretary to viders of the Department of Veterans Affairs serting ‘‘(a)(1) Any veteran’’; and improve eligible individuals’ access, delivery to ensure that all health care providers (2) by adding at the end the following new of services, and health outcomes. treating women veterans have access to the paragraph: (c) REPORT.—Not later than one year after same materials to support competency ‘‘(2) In furnishing prosthetic appliances the date of the enactment of this Act, the throughout the community. under paragraph (1), the Secretary shall en- Secretary shall submit to the Committee on (c) ADMINISTRATION OF TRAINING MODULE.— sure women veterans are able to access clini- Veterans’ Affairs of the Senate and the Com- The Secretary shall administer the training cally appropriate prosthetic appliances mittee on Veterans’ Affairs of the House of module established under subsection (a) to through each medical facility of the Depart- Representatives a report on the study con- community providers through an internet ment.’’. ducted under subsection (a). website of the Department. (b) REPORT.— (d) ELIGIBLE INDIVIDUAL DEFINED.—In this (d) ANNUAL REPORT.—Not later than one (1) IN GENERAL.—Not later than one year section, the term ‘‘eligible individual’’ year after the establishment of the training after the date of the enactment of this Act, means an individual who is a veteran who is module under subsection (a), and annually the Secretary of Veterans Affairs shall sub- eligible for and enrolled in the health care thereafter, the Secretary shall submit to mit to the Committee on Veterans’ Affairs of system of the Department under section Congress a report on— the Senate and the Committee on Veterans’ 1705(a) of title 38, United States Code. (1) the utilization by community providers Affairs of the House of Representatives a re- SEC. 5111. SENSE OF CONGRESS ON ACCESS TO of the training module; and port on the availability from the Depart- FACILITIES OF DEPARTMENT OF (2) the effectiveness of the training mod- ment of Veterans Affairs of prosthetics made VETERANS AFFAIRS BY RESERVISTS ule. for women veterans, including an assessment FOR COUNSELING AND TREATMENT (e) DEFINITIONS.—In this section: of the availability of such prosthetics at RELATING TO MILITARY SEXUAL (1) COMMUNITY PROVIDER.—The term ‘‘com- medical facilities of the Department. TRAUMA. munity provider’’ means a non-Department (2) ELEMENTS.—The report required by (a) IN GENERAL.—It is the sense of Congress of Veterans Affairs health care provider who paragraph (1) shall include— that members of the reserve components of provides preauthorized health care to vet- (A) a list of all devices classified by the De- the Armed Forces, including members of the erans under the laws administered by the partment as prosthetic devices, including a National Guard, should be able to access all Secretary of Veterans Affairs. breakdown of whether a device is considered health care facilities of the Department of (2) PREAUTHORIZED HEALTH CARE.—The gender-neutral or gender-specific; Veterans Affairs, not just Vet Centers, to re- term ‘‘preauthorized health care’’ means (B) for gender-neutral devices, a break- ceive counseling and treatment relating to health care provided to a veteran that is au- down of sizing; military sexual trauma. thorized by the Secretary before being pro- (C) the average time it takes for a woman (b) DEFINITIONS.—In this section: vided. veteran to receive a prosthetic device after (1) MILITARY SEXUAL TRAUMA.—The term SEC. 5204. STUDY ON STAFFING OF WOMEN VET- it is prescribed, disaggregated by Veterans ‘‘military sexual trauma’’ has the meaning ERAN PROGRAM MANAGER PRO- Integrated Service Network and medical cen- given such term in section 1164(c) of title 38, GRAM AT MEDICAL CENTERS OF DE- ter of the Department; United States Code, as added by section PARTMENT OF VETERANS AFFAIRS (D) the total number of women veterans 5501(a) of this title. AND TRAINING OF STAFF. utilizing the Department for prosthetic serv- (2) VET CENTER.—The term ‘‘Vet Center’’ (a) STUDY.—The Secretary of Veterans Af- ices, disaggregated by facility of the Depart- has the meaning given that term in section fairs shall conduct a study on the use of the ment; 1712A(h) of such title. Women Veteran Program Manager program (E) an assessment of efforts by the Depart- Subtitle B—Increasing Staff Cultural of the Department of Veterans Affairs to de- ment on research, development, and employ- Competency termine— ment of additive manufacture technology (1) if the program is appropriately staffed SEC. 5201. STAFFING OF WOMEN’S HEALTH PRI- at each medical center of the Department; (commonly referred to as 3D printing) to pro- MARY CARE PROVIDERS AT MED- vide prosthetic items for women veterans; ICAL FACILITIES OF DEPARTMENT (2) whether each medical center of the De- (F) the results of a survey with a rep- OF VETERANS AFFAIRS. partment is staffed with a Women Veteran resentative sample of not fewer than 50,000 The Secretary of Veterans Affairs shall en- Program Manager; and veterans (of which women shall be overrepre- sure that each medical facility of the De- (3) whether it would be feasible and advis- sented) in an amputee care program on satis- partment of Veterans Affairs has not fewer able to have a Women Veteran Program Om- faction with prosthetics furnished or pro- than one full-time or part-time women’s budsman at each medical center of the De- cured by the Department that replace ap- health primary care provider whose duties partment. pendages or their function; and include, to the extent possible, providing (b) REPORT.—Not later than 270 days after (G) such other information as the Sec- training to other health care providers of the the date of the enactment of this Act, the retary considers appropriate. Department on the needs of women veterans. Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Com- SEC. 5109. REQUIREMENT TO IMPROVE DEPART- SEC. 5202. ADDITIONAL FUNDING FOR PRIMARY MENT OF VETERANS AFFAIRS CARE AND EMERGENCY CARE CLINI- mittee on Veterans’ Affairs of the House of WOMEN VETERANS CALL CENTER. CIANS IN WOMEN VETERANS Representatives a report on the study con- The Secretary of Veterans Affairs shall en- HEALTH CARE MINI-RESIDENCY ducted under subsection (a). hance the capabilities of the women veterans PROGRAM. (c) TRAINING.—The Secretary shall ensure call center of the Department of Veterans (a) IN GENERAL.—There is authorized to be that all Women Veteran Program Managers Affairs to respond to requests by women vet- appropriated to the Secretary of Veterans and Women Veteran Program Ombudsmen

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7362 CONGRESSIONAL RECORD — SENATE December 9, 2020 receive the proper training to carry out their (A) shall be non-volunteer, paid positions; ‘‘§ 533. Anti-harassment and anti-sexual as- duties. and sault policy SEC. 5205. STUDY ON WOMEN VETERAN COORDI- (B) may be part-time positions. NATOR PROGRAM. ‘‘(a) ESTABLISHMENT.—(1) The Secretary, Subtitle C—Eliminating Harassment and (a) STUDY AND REPORT REQUIRED.—Not acting through the Office of Assault and Pre- later than 180 days after the date of the en- Assault vention of the Veterans Health Administra- actment of this Act, the Secretary of Vet- SEC. 5301. EXPANSION OF COVERAGE BY DEPART- tion, shall establish a comprehensive policy erans Affairs shall— MENT OF VETERANS AFFAIRS OF to end harassment and sexual assault, in- (1) complete a study on the Women Vet- COUNSELING AND TREATMENT FOR cluding sexual harassment and gender-based SEXUAL TRAUMA. eran Coordinator program of the Veterans harassment, throughout the Department. Benefits Administration of the Department (a) EXPANSION OF ELIGIBILITY FOR COUN- of Veterans Affairs; and SELING AND TREATMENT.—Section 1720D of ‘‘(2) The policy required by paragraph (1) (2) submit to the Committee on Veterans’ title 38, United States Code, is amended— shall include the following: Affairs of the Senate and the Committee on (1) in subsection (a)— ‘‘(A) A process for employees and contrac- Veterans’ Affairs of the House of Representa- (A) in paragraph (1), by striking ‘‘active tors of the Department to respond to re- tives a report on the findings of the Sec- duty, active duty for training, or inactive ported incidents of harassment and sexual retary with respect to the study completed duty training’’ and inserting ‘‘duty, regard- assault committed by any non-Department under paragraph (1). less of duty status or line of duty determina- individual within a facility of the Depart- (b) ELEMENTS.—The study required by sub- tion (as that term is used in section 12323 of ment, including with respect to account- section (a)(1) shall identify the following: title 10)’’; and ability or disciplinary measures. (1) If the program described in such sub- (B) in paragraph (2)(A), by striking ‘‘active ‘‘(B) A process for employees and contrac- section is appropriately staffed at each re- duty, active duty for training, or inactive tors of the Department to respond to re- gional benefits office of the Department. duty training’’ and inserting ‘‘duty, regard- ported incidents of harassment and sexual (2) Whether each regional benefits office of less of duty status or line of duty determina- assault of any non-Department individual the Department is staffed with a Women tion (as that term is used in section 12323 of within a facility of the Department. Veteran Coordinator. title 10)’’; ‘‘(C) A process for any non-Department in- (3) The position description of the Women (2) by striking ‘‘veteran’’ each place it ap- dividual to report harassment and sexual as- Veteran Coordinator. pears and inserting ‘‘former member of the sault described in subparagraph (A), includ- (4) Whether an individual serving in the Armed Forces’’; ing an option for confidential reporting, and Women Veteran Coordinator position con- (3) by striking ‘‘veterans’’ each place it ap- for the Secretary to respond to and address currently serves in any other position, and if pears and inserting ‘‘former members of the such reports. so, the allocation of time the individual Armed Forces’’; and ‘‘(D) Clear mechanisms for non-Depart- spends in each such position. (4) by adding at the end the following new ment individuals to readily identify to whom (5) A description of the metrics the Sec- subsection: and how to report incidents of harassment retary uses to determine the job performance ‘‘(g) In this section, the term ‘former mem- and sexual assault committed by another and effectiveness of the Women Veteran Co- ber of the Armed Forces’ includes the fol- non-Department individual. ordinator. lowing: ‘‘(E) Clear mechanisms for employees and SEC. 5206. STAFFING IMPROVEMENT PLAN FOR ‘‘(1) A veteran. contractors of the Department to readily PEER SPECIALISTS OF DEPARTMENT identify to whom and how to report inci- OF VETERANS AFFAIRS WHO ARE ‘‘(2) An individual described in section WOMEN. 1720I(b) of this title.’’. dents of harassment and sexual assault and (a) ASSESSMENT OF CAPACITY.— (b) INCLUSION OF TREATMENT FOR PHYSICAL how to refer non-Department individuals (1) IN GENERAL.—Not later than 90 days HEALTH CONDITIONS.—Such section is further with respect to reporting an incident of har- after the date of the enactment of this Act, amended— assment or sexual assault. the Secretary of Veterans Affairs, in con- (1) in subsection (a)— ‘‘(F) A process for, and mandatory report- sultation with the Inspector General of the (A) in paragraph (1)— ing requirement applicable to, any employee Department of Veterans Affairs, shall com- (i) by inserting ‘‘, to include care for phys- or contractor of the Department who wit- mence an assessment of the capacity of peer ical health conditions, as appropriate,’’ after nesses harassment or sexual assault de- specialists of the Department of Veterans Af- ‘‘counseling and appropriate care and serv- scribed in subparagraph (A) or (B) within a fairs who are women. ices’’; facility of the Department, regardless of (2) ELEMENTS.—The assessment required by (ii) by striking ‘‘overcome psychological whether the individual affected by such har- paragraph (1) shall include an assessment of trauma’’ and inserting ‘‘treat a condition’’; assment or sexual assault wants to report the following: and such harassment or sexual assault. (A) The geographical distribution of peer (iii) by striking ‘‘mental health profes- ‘‘(G) The actions possible, including dis- specialists of the Department who are sional’’ and inserting ‘‘health care profes- ciplinary actions, for employees or contrac- women. sional’’; and tors of the Department who fail to report in- (B) The geographical distribution of (B) in paragraph (2)(A), by striking ‘‘over- cidents of harassment and sexual assault de- women veterans. come psychological trauma’’ and inserting scribed in subparagraph (A) or (B) that the (C) The number and proportion of women ‘‘treat a condition’’; and employees or contractors witness. peer specialists who specialize in peer coun- (2) in subsection (d)— ‘‘(H) On an annual or more frequent basis, seling on mental health or suicide preven- (A) in paragraph (1), by inserting ‘‘and mandatory training for employees and con- tion. other health care professionals’’ after ‘‘men- tractors of the Department regarding how to (D) The number and proportion of women tal health professionals’’; and report and address harassment and sexual as- peer specialists who specialize in peer coun- (B) in paragraph (2)(A), by inserting ‘‘and sault described in subparagraphs (A) and (B), seling on non-mental health related matters. other health care professionals’’ after ‘‘men- including bystander intervention training. (b) REPORT.—Not later than one year after tal health professionals’’. ‘‘(I) On an annual or more frequent basis, the assessment required by subsection (a) the distribution of the policy under this sub- SEC. 5302. ASSESSMENT OF EFFECTS OF INTI- section and anti-harassment and anti-sexual has commenced, the Secretary shall submit MATE PARTNER VIOLENCE ON to the Committee on Veterans’ Affairs of the WOMEN VETERANS BY ADVISORY assault educational materials by mail or Senate and the Committee on Veterans’ Af- COMMITTEE ON WOMEN VETERANS. email to each individual receiving a benefit under a law administered by the Secretary. fairs of the House of Representatives a re- Section 542(c)(1) of title 38, United States ‘‘(J) The prominent display of anti-harass- port detailing the findings of the assessment. Code, is amended— (c) STAFFING IMPROVEMENT PLAN.— ment and anti-sexual assault messages in (1) in subparagraph (B), by striking ‘‘and’’ (1) IN GENERAL.—Not later than 180 days each facility of the Department, including at the end; after submitting the report under subsection how non-Department individuals may report (2) by redesignating subparagraph (C) as (b), the Secretary, in consultation with the harassment and sexual assault described in subparagraph (D); and Inspector General, shall submit to the Com- subparagraphs (A) and (B) at such facility (3) by inserting after subparagraph (B) the mittee on Veterans’ Affairs of the Senate and the points of contact under subsection following new subparagraph (C): and the Committee on Veterans’ Affairs of (b). ‘‘(C) an assessment of the effects of inti- the House of Representatives a plan, based ‘‘(K) The posting on internet websites of mate partner violence on women veterans; on the results of the assessment required by the Department, including the main internet and’’. subsection (a), to hire additional qualified website regarding benefits of the Department peer specialists who are women, with special SEC. 5303. ANTI-HARASSMENT AND ANTI-SEXUAL and the main internet website regarding consideration for areas that lack peer spe- ASSAULT POLICY OF DEPARTMENT health care of the Department, of anti-har- cialists who are women. OF VETERANS AFFAIRS. assment and anti-sexual assault banners spe- (2) ELEMENTS.—The peer specialist posi- (a) IN GENERAL.—Subchapter II of chapter 5 cifically addressing harassment and sexual tions included in the plan required by para- of title 38, United States Code, is amended by assault described in subparagraphs (A) and graph (1)— adding at the end the following new section: (B).

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7363

‘‘(b) POINTS OF CONTACT.—The Secretary ‘‘(A) Results of harassment and sexual as- (B) coordinating with local service pro- shall designate, as a point of contact to re- sault programming, including the End Har- viders of the Department; and ceive reports of harassment and sexual as- assment program. (C) connecting former members of the sault described in subparagraphs (A) and (B) ‘‘(B) Results of studies from the Women’s Armed Forces with appropriate housing, of subsection (a)(2)— Health Practice-Based Research Network of mental health, medical, and other financial ‘‘(1) at least one individual, in addition to the Department relating to harassment and assistance or benefits from the Department. law enforcement, at each facility of the De- sexual assault. (2) Assistance to service providers to en- partment (including Vet Centers under sec- ‘‘(C) Data collected on incidents of sexual sure access of veterans to intimate partner tion 1712A of this title), with regard to that harassment and sexual assault. violence and sexual assault emergency serv- facility; ‘‘(D) A description of any actions taken by ices, particularly in underserved areas, in- ‘‘(2) at least one individual employed in the Secretary during the year preceding the cluding services for Native American vet- each Veterans Integrated Service Network, date of the report to stop harassment and erans (as defined in section 3765 of title 38, with regard to facilities in that Veterans In- sexual assault at facilities of the Depart- United States Code). tegrated Service Network; ment. (3) Such other outreach and assistance as ‘‘(3) at least one individual employed in ‘‘(E) An assessment of the implementation the Secretary determines necessary for the each regional benefits office; of the training required in subsection provision of assistance under subsection (a). ‘‘(4) at least one individual employed at (a)(2)(H). (e) INTIMATE PARTNER VIOLENCE AND SEX- each location of the National Cemetery Ad- ‘‘(F) A list of resources the Secretary de- UAL ASSAULT OUTREACH COORDINATORS.— ministration; and termines necessary to prevent harassment (1) IN GENERAL.—In order to effectively as- ‘‘(5) at least one individual employed at and sexual assault at facilities of the Depart- sist veterans who have experienced intimate the Central Office of the Department to ment. partner violence or sexual assault, the Sec- track reports of such harassment and sexual ‘‘(g) DEFINITIONS.—In this section: retary may establish local coordinators to assault across the Department, ‘‘(1) The term ‘non-Department individual’ provide outreach under the pilot program re- disaggregated by facility. means any individual present at a facility of quired by subsection (a). ‘‘(c) ACCOUNTABILITY.—(1) The Secretary the Department who is not an employee or (2) LOCAL COORDINATOR KNOWLEDGE.—The shall establish a policy to ensure that each contractor of the Department. Secretary shall ensure that each coordinator facility of the Department and each director ‘‘(2) The term ‘sexual harassment’ means established under paragraph (1) is knowl- of a Veterans Integrated Service Network is unsolicited verbal or physical contact of a edgeable about— responsible for addressing harassment and sexual nature which is threatening in char- (A) the dynamics of intimate partner vio- sexual assault at the facility and the Net- acter.’’. lence and sexual assault, including safety work. (b) CLERICAL AMENDMENT.—The table of concerns, legal protections, and the need for ‘‘(2) The policy required by paragraph (1) sections at the beginning of such chapter is the provision of confidential services; shall include— amended by adding after the item relating to (B) the eligibility of veterans for services ‘‘(A) a remediation plan for facilities that section 532 the following new item: and benefits from the Department that are relevant to recovery from intimate partner experience five or more incidents of sexual ‘‘533. Anti-harassment and anti-sexual as- violence and sexual assault, particularly harassment, sexual assault, or combination sault policy.’’. emergency housing assistance, mental thereof, during any single fiscal year; and (c) DEFINITION OF SEXUAL HARASSMENT.— health care, other health care, and disability ‘‘(B) taking appropriate actions under Section 1720D(f) of such title is amended by benefits; and chapter 7 or subchapter V of chapter 74 of striking ‘‘repeated,’’. this title. (d) DEADLINE.—The Secretary shall com- (C) local community resources addressing ‘‘(d) DATA.—The Secretary shall ensure mence carrying out section 533 of such title, intimate partner violence and sexual assault. that the in-take process for veterans at med- as added by subsection (a), not later than 180 (3) LOCAL COORDINATOR ASSISTANCE.—Each ical facilities of the Department includes a days after the date of enactment of this Act. coordinator established under paragraph (1) shall assist intimate partner violence shel- survey to collect the following information: SEC. 5304. PILOT PROGRAM ON ASSISTING VET- ‘‘(1) Whether the veteran feels safe at the ERANS WHO EXPERIENCE INTIMATE ters and rape crisis centers in providing serv- facility and whether any events occurred at PARTNER VIOLENCE OR SEXUAL AS- ices to veterans. the facility that affect such feeling. SAULT. (f) REPORT.— ‘‘(2) Whether the veteran wants to be con- (a) PILOT PROGRAM REQUIRED.—The Sec- (1) IN GENERAL.—Not later than 180 days tacted later by the Department with respect retary of Veterans Affairs shall carry out a after the completion of the pilot program to such safety issues. pilot program to assess the feasibility and under subsection (a), the Secretary shall sub- ‘‘(e) WORKING GROUP.—(1) The Secretary advisability of assisting former members of mit to Congress a report on the pilot pro- shall establish a working group to assist the the Armed Forces who have experienced or gram. Secretary in implementing policies to carry are experiencing intimate partner violence (2) CONTENTS.—The report required by out this section. or sexual assault in accessing benefits from paragraph (1) shall include the following: ‘‘(2) The working group established under the Department of Veterans Affairs, includ- (A) The findings and conclusions of the paragraph (1) shall consist of representatives ing coordinating access to medical treat- Secretary with respect to the pilot program. from— ment centers, housing assistance, and other (B) Such recommendations for continuing ‘‘(A) veterans service organizations; benefits from the Department. or expanding the pilot program as the Sec- ‘‘(B) State, local, and Tribal veterans agen- (b) DURATION.—The Secretary shall carry retary considers appropriate. cies; and out the pilot program under subsection (a) (g) DEFINITIONS.—In this section: ‘‘(C) other persons the Secretary deter- during the two-year period beginning on the (1) INTIMATE PARTNER.— mines appropriate. date of the commencement of the pilot pro- (A) IN GENERAL.—The term ‘‘intimate part- ‘‘(3) The working group established under gram. ner’’ means a person with whom one has a paragraph (1) shall develop, and the Sec- (c) COLLABORATION.—The Secretary shall close personal relationship that may be char- retary shall carry out— carry out the pilot program under subsection acterized by the partners’ emotional con- ‘‘(A) an action plan for addressing changes (a) in collaboration with— nectedness, regular contact, ongoing phys- at the local level to reduce instances of har- (1) intimate partner violence shelters and ical contact and sexual behavior, identity as assment and sexual assault; programs; a couple, and familiarity and knowledge ‘‘(B) standardized media for veterans serv- (2) rape crisis centers; about each other’s lives. ice organizations and other persons to use in (3) State intimate partner violence and (B) CLOSE PERSONAL RELATIONSHIPS.—In print and on the internet with respect to re- sexual assault coalitions; and this paragraph, the term ‘‘close personal re- ducing harassment and sexual assault; and (4) such other health care or other service lationships’’ includes the following: ‘‘(C) bystander intervention training for providers that serve intimate partner vio- (i) A relationship between married spouses. veterans. lence or sexual assault victims as deter- (ii) A relationship between common-law ‘‘(4) The working group established under mined by the Secretary, particularly those spouses. paragraph (1) shall not be subject to the re- providing emergency services or housing as- (iii) A relationship between civil union quirements of the Federal Advisory Com- sistance. spouses. mittee Act (5 U.S.C. App.). (d) AUTHORIZED ACTIVITIES.—In carrying (iv) A relationship between domestic part- ‘‘(f) ANNUAL REPORTS.—(1) The Secretary out the pilot program under subsection (a), ners. shall submit to the Committee on Veterans’ the Secretary may conduct the following ac- (v) A relationship between dating partners. Affairs of the Senate and the Committee on tivities: (vi) A relationship between ongoing sexual Veterans’ Affairs of the House of Representa- (1) Training for community-based intimate partners. tives an annual report on harassment and partner violence or sexual assault service (2) INTIMATE PARTNER VIOLENCE.—The term sexual assault described in subparagraphs providers on— ‘‘intimate partner violence’’ includes phys- (A) and (B) of subsection (a)(2) in facilities of (A) identifying former members of the ical violence, sexual violence, stalking, and the Department. Armed Forces who have been victims of, or psychological aggression, including coercive ‘‘(2) Each report submitted under para- are currently experiencing, intimate partner tactics by a current or former intimate part- graph (1) shall include the following: violence or sexual assault; ner.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7364 CONGRESSIONAL RECORD — SENATE December 9, 2020 SEC. 5305. STUDY AND TASK FORCE ON VET- sive national program to be carried out by SEC. 5402. STUDY ON BARRIERS FOR WOMEN VET- ERANS EXPERIENCING INTIMATE the Secretary of Veterans Affairs, in collabo- ERANS TO RECEIPT OF HEALTH PARTNER VIOLENCE OR SEXUAL AS- ration with the heads of relevant Federal CARE FROM DEPARTMENT OF VET- SAULT. agencies, to address intimate partner vio- ERANS AFFAIRS. (a) NATIONAL BASELINE STUDY.— (a) STUDY REQUIRED.—The Secretary of lence and sexual assault prevention, re- (1) IN GENERAL.—Not later than one year Veterans Affairs shall conduct a comprehen- sponse, and treatment. after the date of the enactment of this Act, sive study of the barriers to the provision of (2) To review the feasibility and advis- the Secretary of Veterans Affairs, in con- health care by the Department of Veterans ability of establishing an expedited process sultation with the Attorney General, shall Affairs encountered by women who are vet- to secure emergency, temporary benefits, in- conduct a national baseline study to exam- erans. cluding housing or other benefits, for vet- ine the scope of the problem of intimate (b) SURVEY.—In conducting the study re- erans who are experiencing intimate partner partner violence and sexual assault among quired by subsection (a), the Secretary violence or sexual assault. veterans and spouses and intimate partners shall— (3) To review and make recommendations of veterans. (1) survey women veterans who seek or re- regarding the feasibility and advisability of (2) MATTERS INCLUDED.—The study under ceive hospital care or medical services pro- establishing dedicated, temporary housing paragraph (1) shall— vided by the Department as well as women assistance for veterans experiencing inti- (A) include a literature review of all rel- veterans who do not seek or receive such mate partner violence or sexual assault. evant research on intimate partner violence care or services; (4) To identify any requirements regarding and sexual assault among veterans and (2) administer the survey to a representa- intimate partner violence assistance or sex- spouses and intimate partners of veterans; tive sample of women veterans from each ual assault response and services that are (B) examine the prevalence of the experi- Veterans Integrated Service Network; and not being met by the Department and make ence of intimate partner violence among— (3) ensure that the sample of women vet- recommendations on how the Department (i) women veterans; erans surveyed is of sufficient size for the can meet such requirements. (ii) veterans who are minority group mem- study results to be statistically significant (5) To review and make recommendations bers (as defined in section 544 of title 38, and is a larger sample than that of the study regarding the feasibility and advisability of United States Code, and including other mi- specified in subsection (c)(1). providing direct services or contracting for nority populations as the Secretary deter- (c) USE OF PREVIOUS STUDIES.—In con- community-based services for veterans in re- mines appropriate); ducting the study required by subsection (a), sponse to a sexual assault, including through (iii) urban and rural veterans; the Secretary shall build on the work of the the use of sexual assault nurse examiners, (iv) veterans who are enrolled in a program studies of the Department titled— particularly in underserved or remote areas, under section 1720G of title 38, United States (1) ‘‘National Survey of Women Veterans in including services for Native American vet- Code; Fiscal Year 2007–2008’’; and erans. (v) veterans who are in intimate relation- (2) ‘‘Study of Barriers for Women Veterans (6) To review the availability of counseling ships with other veterans; and to VA Health Care 2015’’. services provided by the Department and (vi) veterans who are described in more (d) ELEMENTS OF STUDY.—In conducting through peer network support, and to pro- than one clause of this subparagraph; the study required by subsection (a), the Sec- vide recommendations for the enhancement (C) examine the prevalence of the perpetra- retary shall conduct research on the effects of such services, to address— tion of intimate partner violence by vet- of the following on the women veterans sur- (A) the perpetration of intimate partner vi- veyed in the study: erans; and olence and sexual assault; and (1) The barriers associated with seeking (D) include recommendations to address (B) the recovery of veterans, particularly mental health care services, including with the findings of the study. women veterans, from intimate partner vio- respect to provider availability, telehealth (3) REPORT.—Not later than 30 days after lence and sexual assault. the date on which the Secretary completes access, and family, work, and school obliga- (7) To review and make recommendations the study under paragraph (1), the Secretary tions. to expand services available for veterans at shall submit to the Committee on Veterans’ (2) The effect of driving distance or avail- risk of perpetrating intimate partner vio- Affairs of the Senate and the Committee on ability of other forms of transportation to lence. Veterans’ Affairs of the House of Representa- the nearest medical facility on access to (e) REPORT.—Not later than one year after care. tives a report on such study. the date of the enactment of this Act, and ASK FORCE.— (3) The effect of access to care from non- (b) T not less frequently than annually thereafter (1) IN GENERAL.—Not later than 90 days Department providers. by October 1 of each year, the Task Force (4) The availability of child care. after the date on which the Secretary com- shall submit to the Secretary of Veterans Af- pletes the study under subsection (a), the (5) The satisfaction of such veterans with fairs and Congress a report on the activities the provision by the Department of inte- Secretary, in consultation with the Attorney of the Task Force, including any rec- General and the Secretary of Health and grated primary care, women’s health clinics, ommendations for legislative or administra- or both, including perceptions of quality of Human Services, shall establish a national tive action. care, safety, and comfort. task force (in this section referred to as the (f) NONAPPLICABILITY OF FACA.—The Task ‘‘Task Force’’) to develop a comprehensive Force shall not be subject to the require- (6) The understanding and perceived acces- national program, including by integrating ments of the Federal Advisory Committee sibility among such veterans of eligibility facilities, services, and benefits of the De- Act (5 U.S.C. App.). requirements for, and the scope of services partment of Veterans Affairs into existing (g) DEFINITIONS.—In this section: available under, hospital care and medical networks of community-based intimate part- (1) NATIVE AMERICAN VETERAN.—The term services. ner violence and sexual assault services, to ‘‘Native American veteran’’ has the meaning (7) The perception of such veterans of per- address intimate partner violence and sexual given that term in section 3765 of title 38, sonal safety and comfort in inpatient, out- assault among veterans. United States Code. patient, and behavioral health facilities. (2) LEADERSHIP.—The Secretary of Vet- (2) STATE.—The term ‘‘State’’ has the (8) The gender sensitivity of health care erans Affairs shall lead the Task Force in meaning given that term in section 101 of providers and staff to issues that particu- collaboration with the Attorney General and title 38, United States Code. larly affect women. the Secretary of Health and Human Services. Subtitle D—Data Collection and Reporting (9) The effectiveness of outreach for health (c) CONSULTATION WITH STAKEHOLDERS.—In care services available to women veterans. carrying out this section, the Task Force SEC. 5401. REQUIREMENT FOR COLLECTION AND (10) The location and operating hours of ANALYSIS OF DATA ON DEPART- shall consult with— MENT OF VETERANS AFFAIRS BENE- health care facilities that provide services to (1) representatives from veteran service or- FITS AND SERVICES AND women veterans. ganizations and military service organiza- DISAGGREGATION OF SUCH DATA BY (11) The perception of such veterans of the tions; GENDER, RACE, AND ETHNICITY. motto of the Department. (2) representatives from not fewer than The Secretary of Veterans Affairs shall— (12) Such other significant barriers as the three national organizations or State coali- (1) collect and analyze data on each pro- Secretary considers appropriate. tions with demonstrated expertise in inti- gram of the Department of Veterans Affairs (e) DISCHARGE BY CONTRACT.—The Sec- mate partner violence prevention, response, that provides a service or benefit to a vet- retary shall enter into a contract with a or advocacy; and eran, including the program carried out qualified independent entity or organization (3) representatives from not fewer than under section 1144 of title 10, United States to carry out the study and research required three national organizations or State coali- Code; under this section. tions, particularly those representing under- (2) disaggregate such data by gender, race, (f) MANDATORY REVIEW OF DATA BY CERTAIN served and ethnic minority communities, and ethnicity, when the data lends itself to DEPARTMENT DIVISIONS.— with demonstrated expertise in sexual as- such disaggregation; and (1) REVIEW.— sault prevention, response, or advocacy. (3) publish the data collected and analyzed (A) IN GENERAL.—The Secretary shall en- (d) DUTIES.—The duties of the Task Force under paragraph (1), except for such cases in sure that the head of each division of the De- shall include the following: which the Secretary determines that some partment of Veterans Affairs specified in (1) To review existing services and policies portions of the data would undermine the an- paragraph (2) reviews the results of the study of the Department and develop a comprehen- onymity of a veteran. conducted under this section.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7365

(B) SUBMITTAL OF FINDINGS.—The head of tions in which veterans have used such pro- identify and track the consistency of deci- each division specified in paragraph (2) shall gram; and sions across regional offices of the Depart- submit findings with respect to the study (C) a determination on the feasibility and ment of Veterans Affairs. under this section to the Under Secretary of advisability of expanding the Parenting (2) ELEMENTS.—Each report under para- the Department with responsibilities relat- STAIR program to all medical facilities of graph (1) shall include the following: ing to health care services for women vet- the Department offering care for military (A) The number of covered claims sub- erans. sexual trauma. mitted to or considered by the Secretary (2) SPECIFIED DIVISIONS.—The divisions of (d) DEFINITIONS.—In this section: during the fiscal year covered by the report. the Department of Veterans Affairs specified (1) AFFECTED MEMBERS AND FORMER MEM- (B) Of the covered claims listed under sub- in this paragraph are the following: BERS OF THE ARMED FORCES.—The term ‘‘af- paragraph (A), the number and percentage of (A) The Office of the Under Secretary for fected members and former members of the such claims— Health. Armed Forces’’ means members and former (i) submitted by each sex; (B) The Office of Women’s Health estab- members of the Armed Forces who are par- (ii) that were approved, including the num- lished under section 7310 of title 38, United ents and have experienced military sexual ber and percentage of such approved claims States Code. trauma. submitted by each sex; (2) MILITARY SEXUAL TRAUMA.—The term (C) The Center for Women Veterans under (iii) that were denied, including the num- ‘‘military sexual trauma’’ has the meaning section 318 of such title. ber and percentage of such denied claims given such term in section 1164(c) of title 38, (D) The Advisory Committee on Women submitted by each sex; and Veterans established under section 542 of United States Code, as added by section (iv) that were developed and reviewed by a such title. 5501(a) of this title. specialized team established under section (g) REPORT.— (3) PARENTING STAIR PROGRAM.—The term 1164(a) of title 38, United States Code, as (1) IN GENERAL.—Not later than 30 months ‘‘Parenting STAIR program’’ means the pro- after the date of the enactment of this Act, gram of the Department of Veterans Affairs added by subsection (a). the Secretary shall submit to Congress a re- that consists of a five-session, parenting-spe- (C) Of the covered claims listed under sub- port on the study required under this sec- cific treatment protocol based on skills paragraph (A) that were approved, the num- tion. training in affective and interpersonal regu- ber and percentage, disaggregated by sex, of (2) ELEMENTS.—The report under paragraph lation (commonly referred to as ‘‘STAIR’’), claims assigned to each rating percentage. (1) shall include— which is a cognitive behavioral therapy that (D) Of the covered claims listed under sub- (A) the findings of the head of each divi- has been identified as a promising practice paragraph (A) that were denied— sion of the Department specified under sub- for treating post-traumatic stress disorder, (i) the three most common reasons given section (f)(2); and including chronic and complicated forms, by the Secretary under section 5104(b)(1) of (B) recommendations for such administra- among individuals with co-occurring dis- title 38, United States Code, for such denials; tive and legislative action as the Secretary orders. and considers appropriate. Subtitle E—Benefits Matters (ii) the number of denials that were based on the failure of a veteran to report for a SEC. 5403. STUDY ON FEASIBILITY AND ADVIS- SEC. 5501. EVALUATION OF SERVICE-CONNEC- ABILITY OF OFFERING PARENTING TION OF MENTAL HEALTH CONDI- medical examination. STAIR PROGRAM AT ALL MEDICAL TIONS RELATING TO MILITARY SEX- (E) The number of covered claims that, as CENTERS OF DEPARTMENT OF VET- UAL TRAUMA. of the end of the fiscal year covered by the ERANS AFFAIRS. (a) SPECIALIZED TEAMS TO EVALUATE report, are pending and, separately, the num- (a) IN GENERAL.—The Secretary of Vet- CLAIMS INVOLVING MILITARY SEXUAL TRAU- ber of such claims on appeal. erans Affairs shall conduct a study on the MA.— (F) For the fiscal year covered by the re- feasibility and advisability of expanding the (1) IN GENERAL.—subchapter VI of chapter port, the average number of days that cov- Parenting STAIR program to all medical 11 of such title is amended by adding at the centers of the Department of Veterans Af- ered claims take to complete, beginning on end the following new section: fairs and including such program as part of the date on which the claim is submitted. care for military sexual trauma for affected ‘‘§ 1164. Specialized teams to evaluate claims (G) A description of the training that the members and former members of the Armed involving military sexual trauma Secretary provides to employees of the Vet- Forces. ‘‘(a) IN GENERAL.—The Secretary shall es- erans Benefits Administration, or such con- (b) ELEMENTS.—In conducting the study tablish specialized teams to process claims tractors or other individuals as the Sec- under subsection (a), the Secretary shall as- for compensation for a covered mental retary considers appropriate, specifically sess— health condition based on military sexual with respect to covered claims, including the (1) staffing needed to offer the Parenting trauma experienced by a veteran during ac- frequency, length, and content of such train- STAIR program at all medical centers of the tive military, naval, or air service. ing. Department; ‘‘(b) TRAINING.—The Secretary shall ensure (H) Whether all covered claims are subject (2) any additional infrastructure or re- that members of teams established under to second level review until the individual sources (such as child care during the pro- subsection (a) are trained to identify mark- rater of the Veterans Benefits Administra- gram) needed for the expansion of the pro- ers indicating military sexual trauma. tion adjudicating such covered claims gram; and ‘‘(c) DEFINITIONS.—In this section: achieves an accuracy rate of 90 percent on (3) such other factors relevant to the ex- ‘‘(1) The term ‘covered mental health con- decisions of such covered claims. pansion of the program as the Secretary con- dition’ means post-traumatic stress disorder, (3) DEFINITIONS.—In this subsection: siders appropriate. anxiety, depression, or other mental health (A) COVERED CLAIMS.—The term ‘‘covered (c) REPORTS TO CONGRESS.— diagnosis described in the current version of claims’’ means claims for disability com- (1) INTERIM REPORT.—Not later than one the Diagnostic and Statistical Manual of pensation submitted to the Secretary based year after the date of the enactment of this Mental Disorders published by the American on a covered mental health condition alleged Act, the Secretary shall submit to the Com- Psychiatric Association that the Secretary to have been incurred or aggravated by mili- mittee on Veterans’ Affairs of the Senate determines to be related to military sexual tary sexual trauma. and the Committee on Veterans’ Affairs of trauma. (B) COVERED MENTAL HEALTH CONDITION.— the House of Representatives a report detail- ‘‘(2) The term ‘military sexual trauma’ The term ‘‘covered mental health condition’’ ing— means, with respect to a veteran, a physical has the meaning given such term in section (A) the current number and locations of all assault of a sexual nature, battery of a sex- 1164(c) of title 38, United States Code. facilities of the Department offering the Par- ual nature, or sexual harassment during ac- (C) MILITARY SEXUAL TRAUMA.—The term enting STAIR program; and tive military, naval, or air service.’’. ‘‘military sexual trauma’’ has the meaning (B) the number of veterans served by such (2) CLERICAL AMENDMENT.—The table of given such term in such section. program in the most recent fiscal year or sections at the beginning of such chapter is calendar year for which data is available. amended by adding at the end the following SEC. 5502. CHOICE OF SEX OF DEPARTMENT OF (2) FINAL REPORT.—Not later than three new item: VETERANS AFFAIRS MEDICAL EXAM- years after the date of the enactment of this INER FOR ASSESSMENT OF CLAIMS ‘‘1164. Specialized teams to evaluate claims FOR COMPENSATION RELATING TO Act, the Secretary shall submit to the Com- involving military sexual trau- DISABILITY RESULTING FROM PHYS- mittee on Veterans’ Affairs of the Senate ma.’’. ICAL ASSAULT OF A SEXUAL NA- and the Committee on Veterans’ Affairs of (b) ANNUAL REPORTS ON CLAIMS FOR DIS- TURE, BATTERY OF A SEXUAL NA- the House of Representatives a report detail- ABILITIES INCURRED OR AGGRAVATED BY MILI- TURE, OR SEXUAL HARASSMENT. ing— TARY SEXUAL TRAUMA.— (a) IN GENERAL.—Subchapter VI of chapter (A) the results of the study conducted (1) REPORTS REQUIRED.—Not later than under subsection (a); March 1, 2021, and not less frequently than 11 of title 38, United States Code, as amended (B) an update on how many veterans have once each year thereafter through 2027, the by section 5501 of this title, is further used the Parenting STAIR program since its Secretary of Veterans Affairs shall submit to amended by inserting after section 1164, as development in fiscal year 2017, Congress a report on covered claims sub- added by section 5501, the following new sec- disaggregated by year, including the loca- mitted during the previous fiscal year to tion:

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7366 CONGRESSIONAL RECORD — SENATE December 9, 2020

‘‘§ 1165. Choice of sex of medical examiner for (2) SUBMISSION OF PLAN.—Not later than (b) SUBMISSION TO CONGRESS.— certain disabilities one year after the date of the enactment of (1) IN GENERAL.—Not later than 240 days ‘‘(a) IN GENERAL.—The Secretary shall en- this Act and not less frequently than once after the date of the enactment of this Act, sure that a veteran who requires a medical every two years thereafter until the date the Under Secretary shall submit to Con- examination from a covered medical pro- that is six years after the date of the enact- gress a report on the evaluation and identi- vider in support of a claim for compensation ment of this Act, the Secretary shall submit fication under subsection (a). under this chapter for a mental or physical the plan most recently developed or updated (2) CONTENTS.—The report required by health condition that resulted from a phys- under paragraph (1) to— paragraph (1) shall include the following: ical assault of a sexual nature, battery of a (A) the Comptroller General of the United (A) The findings of the Under Secretary sexual nature, or sexual harassment may States; and with respect to the evaluation conducted designate the sex of the medical provider (B) the Committee on Veterans’ Affairs under subsection (a)(1). who provides such medical examination. and the Special Committee on Aging of the (B) The actions identified under subsection ‘‘(b) COVERED MEDICAL PROVIDERS.—For Senate and the Committee on Veterans’ Af- (a)(2). purposes of this section, a covered medical fairs of the House of Representatives. (C) A plan for implementing any adminis- provider is any medical provider who is em- SEC. 6003. OVERPAYMENTS OF PENSION TO VET- trative actions identified under subsection ployed by the Department or is under any ERANS RECEIVING PENSION FROM (a)(2). contract with the Department to provide a THE DEPARTMENT OF VETERANS (D) A rationale for not implementing any medical examination or a medical opinion AFFAIRS. actions evaluated under paragraph (1) of sub- when such an examination or opinion is nec- (a) GUIDANCE AND TRAINING FOR CLAIMS section (a) but not identified under para- essary to make a decision on a claim. PROCESSORS.—As the Secretary of Veterans graph (2) of such subsection. ‘‘(c) NOTICE.—Before providing any medical Affairs considers necessary, but not less fre- examination for a veteran in support for a SEC. 6005. ANNUAL REPORT ON EFFORTS OF DE- quently than once every three years until PARTMENT OF VETERANS AFFAIRS claim described in subsection (a), the Sec- the date that is 10 years after the date of the TO ADDRESS THE FINANCIAL EX- retary shall notify the veteran of the vet- enactment of this Act, the Under Secretary PLOITATION OF VETERANS RECEIV- eran’s rights under subsection (a).’’. for Benefits of the Department of Veterans ING PENSION. (b) CLERICAL AMENDMENT.—The table of Affairs shall update guidance and training (a) IN GENERAL.—Not later than one year sections at the beginning of chapter 11 of curriculum for the processors of claims for after the date of the enactment of this Act such title, as amended by section 5501 of this pension under chapter 15 of title 38, United and not less frequently than once each year title, is further amended by inserting after States Code, regarding the evaluation of thereafter until the date that is four years the item relating to section 1164 the fol- questionable medical expenses on applica- after the date of the enactment of this Act, lowing new item: tions for pension, including by updating such the Secretary of Veterans Affairs shall sub- ‘‘1165. Choice of sex of medical examiner for guidance with respect to what constitutes a mit to the Committee on Veterans’ Affairs of certain disabilities.’’. questionable medical expense and by includ- the Senate and the Committee on Veterans’ SEC. 5503. SECRETARY OF VETERANS AFFAIRS ing examples of such expenses. Affairs of the House of Representatives a re- REPORT ON IMPLEMENTING REC- (b) IDENTIFICATION AND TRACKING.—The port on efforts to address the financial ex- OMMENDATIONS OF INSPECTOR Under Secretary shall develop a method for ploitation of individuals receiving pension GENERAL OF DEPARTMENT OF VET- ERANS AFFAIRS IN CERTAIN RE- identifying and tracking the number of indi- under chapter 15 of title 38, United States PORT ON DENIED POSTTRAUMATIC viduals who have received overpayments of Code. STRESS DISORDER CLAIMS RELATED pension under chapter 15 of title 38, United (b) CONTENTS.—Each report required by TO MILITARY SEXUAL TRAUMA. States Code. subsection (a) shall include, for the period Not later than 90 days after the date of the (c) ANNUAL REPORT.—Not later than one covered by the report, the following: enactment of this Act, the Secretary of Vet- year after the date of the enactment of this (1) The number of individuals who received erans Affairs shall submit to the Committee Act and not later than October 31 of each fis- pension under chapter 15 of title 38, United on Veterans’ Affairs of the Senate and the cal year beginning thereafter until the date States Code, who have been referred by any Committee on Veterans’ Affairs of the House that is four years after the date of the enact- component of the Department of Veterans a report on the progress of the Secretary in ment of this Act, the Under Secretary shall Affairs to the Office of Inspector General of implementing the recommendations from submit to Congress a report that includes, the Department as likely or proven victims the report of the Inspector General of the for the period covered by the report, the fol- of financial exploitation. Department of Veterans Affairs entitled lowing: (2) The number of referrals and reports re- ‘‘Denied Posttraumatic Stress Disorder (1) The number of individuals who received lating to the financial exploitation of such Claims Related to Military Sexual Trauma’’ overpayments of pension under chapter 15 of individuals made by the Department of Vet- (17–05248–241). title 38, United States Code. erans Affairs to— TITLE VI—REPRESENTATION AND (2) The five most common reasons for over- (A) the Consumer Sentinel Network of the FINANCIAL EXPLOITATION MATTERS payments described in paragraph (1). Federal Trade Commission; and SEC. 6001. SHORT TITLE. (3) The number of veterans who had to (B) the Department of Justice. This title may be cited as the ‘‘Financial repay overpayments described in paragraph (3) A description of the actions taken as a Refuge for Every Elderly Veteran Act of (1). result of such referrals and reports against— 2020’’ or the ‘‘FREE Veteran Act of 2020’’. (4) The number of veterans for whom the (A) individuals recognized by the Secretary SEC. 6002. PLAN TO ADDRESS THE FINANCIAL EX- Secretary waived a requirement to repay an as agents or attorneys under section 5904 of PLOITATION OF VETERANS RECEIV- overpayment described in paragraph (1). title 38, United States Code; and ING PENSION FROM THE DEPART- (5) The total dollar amount of overpay- (B) individuals not so recognized. MENT OF VETERANS AFFAIRS. ments described in paragraph (1). SEC. 6006. NOTICE REGARDING FEES CHARGED (a) DEVELOPMENT OF METHOD FOR SOLICITA- (6) The total dollar amount of repayments IN CONNECTION WITH FILING AN TION AND COLLECTION OF INFORMATION.—Not of veterans for overpayments described in APPLICATION FOR VETERANS PEN- later than one year after the date of the en- paragraph (1). SION. actment of this Act, the Secretary of Vet- (7) The average dollar amount of repay- The Under Secretary for Benefits of the erans Affairs shall develop a method for sys- ments described in paragraph (6). Department of Veterans Affairs shall ensure tematically soliciting and collecting infor- SEC. 6004. EVALUATION OF ADDITIONAL ACTIONS that every paper or electronic document re- mation on complaints received, referrals FOR VERIFYING DIRECT DEPOSIT IN- lating to the receipt of pension under chap- made, and actions taken by the pension man- FORMATION PROVIDED BY VET- ter 15 of title 38, United States Code, that is agement centers of the Department of Vet- ERANS ON APPLICATIONS FOR VET- available to individuals who apply for such erans Affairs and any other relevant compo- ERANS PENSION. pension, including educational forms about nents of the Department, in cases of poten- (a) IN GENERAL.—The Under Secretary for or applications for such pension, includes a tial financial exploitation of individuals re- Benefits of the Department of Veterans Af- notice that the Department does not charge ceiving pension under chapter 15 of title 38, fairs shall— any fee in connection with the filing of an United States Code. (1) conduct an evaluation of the feasibility application for such pension. (b) PLAN TO ASSESS AND ADDRESS FINAN- and advisability of requiring the processors SEC. 6007. OUTREACH PLAN FOR EDUCATING CIAL EXPLOITATION OF VETERANS.— of claims for pension under chapter 15 of VULNERABLE VETERANS ABOUT PO- (1) IN GENERAL.—The Secretary shall de- title 38, United States Code, to take addi- TENTIAL FINANCIAL EXPLOITATION velop and periodically update a plan— tional actions to verify that the direct de- RELATING TO THE RECEIPT OF PEN- (A) to regularly assess the information so- posit information provided by an individual SION. licited and collected under subsection (a) to on an application for pension is for the ap- (a) DEVELOPMENT OF PLAN.—The Under identify trends of potential financial exploi- propriate recipient; and Secretary for Benefits of the Department of tation of the individuals described in sub- (2) identify such legislative or administra- Veterans Affairs shall develop, in collabora- section (a) across the Department; and tive actions as the Under Secretary con- tion with veterans service organizations, an (B) to outline actions that the Department siders appropriate to ensure that payments outreach plan for educating vulnerable indi- can take to improve education and training of pension are provided to the correct recipi- viduals about potential financial exploi- to address those trends. ents. tation relating to the receipt of pension

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7367 under chapter 15 of title 38, United States uals nominated as specified under this sub- posals for changes to Department regula- Code. section. tions, policies, and procedures. (b) SUBMISSION TO CONGRESS.—Not later ‘‘(2) In selecting members under paragraph ‘‘(5) To identify priorities and provide ad- than 180 days after the date of the enactment (1), the Secretary shall ensure that— vice on appropriate strategies for tribal con- of this Act, the Under Secretary shall submit ‘‘(A) at least one member of each of the 12 sultation and urban Indian organizations to the Committee on Veterans’ Affairs and service areas of the Indian Health Service is conferring on issues at the tribal, regional, the Special Committee on Aging of the Sen- represented in the membership of the Com- or national levels. ate and the Committee on Veterans’ Affairs mittee nominated by Indian tribes or tribal ‘‘(6) To ensure that pertinent issues are of the House of Representatives the plan de- organizations; brought to the attention of Indian tribes, veloped under subsection (a). ‘‘(B) at least one member of the Committee tribal organizations, urban Indian organiza- (c) VETERANS SERVICE ORGANIZATION DE- represents the Native Hawaiian veteran com- tions, and Native Hawaiian organizations in FINED.—In this section, the term ‘‘veterans munity nominated by a Native Hawaiian Or- a timely manner, so that feedback can be ob- service organization’’ means an organization ganization; tained. recognized by the Secretary of Veterans Af- ‘‘(C) at least one member of the Committee ‘‘(7) To encourage the Secretary to work fairs for the representation of veterans under represents urban Indian organizations nomi- with other Federal agencies and Congress so section 5902 of title 38, United States Code. nated by a national urban Indian organiza- that Native American veterans are not de- TITLE VII—OTHER MATTERS tion; and nied the full benefit of their status as both Subtitle A—Administrative and Other ‘‘(D) not fewer than half of the members Native Americans and veterans. Matters are veterans, unless the Secretary deter- ‘‘(8) To highlight contributions of Native mines that an insufficient number of quali- American veterans in the Armed Forces. SEC. 7001. MEDICAL EXAMINATION PROTOCOL fied veterans were nominated under para- ‘‘(9) To make recommendations on the con- FOR VOLUNTEER DRIVERS PARTICI- PATING IN PROGRAM OF TRANSPOR- graph (1). sultation policy of the Department on tribal TATION SERVICES FOR VETERANS. ‘‘(3) No member of the Committee may be matters. Section 111A(b) of title 38, United States an employee of the Federal Government. ‘‘(10) To support a process to develop an Code, is amended— ‘‘(c) TERMS; VACANCIES.—(1) A member of urban Indian organization confer policy to (1) by inserting ‘‘(1)’’ before ‘‘The Sec- the Committee shall be appointed for a term ensure the Secretary confers, to the max- retary’’; and of two years. imum extent practicable, with urban Indian ‘‘(2) The Secretary shall fill a vacancy in (2) by adding at the end the following new organizations. the Committee in the same manner as the paragraph: ‘‘(11) To conduct other duties as rec- original appointment within 180 days. ‘‘(2)(A) Not later than 90 days after the ommended by the Committee. ‘‘(d) MEETINGS.—(1)(A) Except as provided date of the enactment of the Johnny Isakson ‘‘(g) REPORTS.—(1) Not less frequently than in subparagraph (B), the Committee shall and David P. Roe, M.D. Veterans Health Care once each year, the Committee shall submit meet in-person with the Secretary, or the and Benefits Improvement Act of 2020, the to the Secretary and the appropriate com- Secretary’s designee, not less frequently Secretary shall develop and establish a na- mittees of Congress such recommendations than twice each year and hold monthly con- tional protocol for the administration of as the Committee may have for legislative or ference calls as necessary. medical examinations for volunteer drivers administrative action for the upcoming year. ‘‘(B) During a public health emergency (as to participate in the program described in ‘‘(2) Not later than 90 days after the date defined in section 20003 of the Coronavirus paragraph (1). on which the Secretary receives a rec- Aid, Relief, and Economic Security Act ‘‘(B) In developing the protocol required by ommendation under paragraph (1), the Sec- (Public Law 116–136)), meetings under sub- subparagraph (A), the Secretary shall con- retary shall submit to the appropriate com- paragraph (A) may be conducted virtually. mittees of Congress a written response to the sult with such persons as the Secretary de- ‘‘(2)(A) Representatives of relevant Federal recommendation. termines have an interest in the program de- agencies may attend meetings of the Com- ‘‘(3) Not less frequently than once every scribed in paragraph (1). mittee and provide information to the Com- ‘‘(C)(i) The Secretary shall implement the two years, the Committee shall submit to mittee. protocol by first conducting a one-year pilot ‘‘(B) One representative of the Office of the Secretary and the appropriate commit- program using the protocol. Tribal Government Relations of the Depart- tees of Congress a report describing the ac- ‘‘(ii) After conducting the pilot program ment shall attend at each meeting of the tivities of the Committee during the pre- required by clause (i), the Secretary shall as- Committee. vious two years. sess the pilot program and make such ‘‘(C) Representatives attending meetings ‘‘(4) The Secretary shall make publicly changes to the protocol as the Secretary under this paragraph shall not be considered available on an Internet website of the De- considers appropriate. voting members of the Committee. partment— ‘‘(iii) After making changes to the protocol ‘‘(D) A representative attending a meeting ‘‘(A) each recommendation the Secretary under clause (ii), the Secretary shall imple- or providing information under this para- receives under paragraph (1); ment the protocol in phases during the graph may not receive additional compensa- ‘‘(B) each response the Secretary submits course of one year.’’. tion for services performed with respect to under paragraph (2); and SEC. 7002. DEPARTMENT OF VETERANS AFFAIRS the Committee. ‘‘(C) each report the Secretary receives ADVISORY COMMITTEE ON TRIBAL ‘‘(e) SUBCOMMITTEES.—(1) The Committee under paragraph (3). AND INDIAN AFFAIRS. may establish subcommittees. ‘‘(h) COMMITTEE PERSONNEL MATTERS.—A (a) ESTABLISHMENT OF ADVISORY COM- ‘‘(2) The Secretary may, in consultation member of the Committee shall be allowed MITTEE.— with the Committee, appoint a member to a travel expenses, including per diem in lieu of (1) IN GENERAL.—Subchapter III of chapter subcommittee established under paragraph subsistence, at rates authorized for an em- 5 of title 38, United States Code, is amended (1) who is not a member of the Committee. ployee of an agency under subchapter I of by adding at the end the following new sec- ‘‘(3) Such subcommittees may enhance the chapter 57 of title 5 while away from the tion: function of the Committee, but may not su- home or regular place of business of the ‘‘§ 547. Advisory Committee on Tribal and In- persede the authority of the Committee or member in the performance of the duties of dian Affairs provide direct advice or work products to the the Committee. ‘‘(a) ESTABLISHMENT.—(1) The Secretary Department. ‘‘(i) FEDERAL ADVISORY COMMITTEE ACT EX- shall establish an advisory committee to ‘‘(f) DUTIES.—The duties of the Committee EMPTION.—Section 14 of the Federal Advisory provide advice and guidance to the Secretary are as follows: Committee Act (5 U.S.C. App.) shall not on matters relating to Indian tribes, tribal ‘‘(1) To advise the Secretary on ways the apply to the Committee. organizations, and Native American vet- Department can improve the programs and ‘‘(j) DEFINITIONS.—In this section: erans. services of the Department to better serve ‘‘(1) The term ‘appropriate committees of ‘‘(2) The advisory committee established Native American veterans. Congress’ means— under paragraph (1) shall be known as the ‘‘(2) To identify for the Department evolv- ‘‘(A) the Committee on Veterans’ Affairs ‘Advisory Committee on Tribal and Indian ing issues of relevance to Indian tribes, trib- and the Committee on Indian Affairs of the Affairs’ (in this section referred to as the al organizations, and Native American vet- Senate; and ‘Committee’). erans relating to programs and services of ‘‘(B) the Committee on Veterans’ Affairs ‘‘(3) The Committee shall facilitate, but the Department. and the Committee on Natural Resources of not supplant, government-to-government ‘‘(3) To propose clarifications, rec- the House of Representatives. consultation between the Department and ommendations, and solutions to address ‘‘(2) The term ‘Indian tribe’ has the mean- Indian tribes or tribal organizations. issues raised at tribal, regional, and national ing given such term in section 4 of the Indian ‘‘(4) The Secretary shall consult with In- levels, especially regarding any tribal con- Self-Determination and Education Assist- dian tribes or tribal organizations in devel- sultation reports. ance Act (25 U.S.C. 5304). oping a charter for the Committee. ‘‘(4) To provide a forum for Indian tribes, ‘‘(3) The term ‘Native Hawaiian organiza- ‘‘(b) MEMBERSHIP.—(1) The Committee tribal organizations, urban Indian organiza- tion’ means any organization that— shall be comprised of 15 voting members se- tions, Native Hawaiian organizations, and ‘‘(A) serves the interests of Native Hawai- lected by the Secretary from among individ- the Department to discuss issues and pro- ians;

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7368 CONGRESSIONAL RECORD — SENATE December 9, 2020

‘‘(B) has Native Hawaiians in substantive ‘‘(b) ENFORCEMENT PENALTIES FOR MIS- SEC. 7007. REPORT AND PLANNED ACTIONS OF and policymaking positions within the orga- REPRESENTATION.—(1) Any offeror that is de- THE SECRETARY OF VETERANS AF- nization; termined by the Secretary to have willfully FAIRS TO ADDRESS CERTAIN HIGH- ‘‘(C) has demonstrated experience working and intentionally misrepresented the vet- RISK AREAS OF THE DEPARTMENT with Native Hawaiian veterans; and eran status of the employees of the offeror OF VETERANS AFFAIRS. ‘‘(D) shall include the Office of Hawaiian for purposes of subsection (a) may be (a) REPORT REQUIRED.—Not later than 180 Affairs. debarred from contracting with the Depart- days after the date of the enactment of this ‘‘(4) The term ‘Native American veteran’ ment for a period of not less than five years. Act, the Secretary of Veterans Affairs, in ‘‘(2) If the Secretary carries out a debar- has the meaning given such term in section consultation with the Comptroller General 3765 of this title. ment under paragraph (1), the Secretary of the United States, shall submit to the ‘‘(5) The term ‘Office of Hawaiian Affairs’ shall— means the Office of Hawaiian Affairs estab- ‘‘(A) commence debarment action against Committees on Veterans’ Affairs of the Sen- lished by the constitution of the State of Ha- the offeror by not later than 30 days after de- ate and House of Representatives a report waii.’’. termining that the offeror willfully and in- outlining the plan the Secretary has devel- ‘‘(6) The term ‘tribal organization’ has the tentionally misrepresented the veteran sta- oped and the actions the Secretary has taken meaning given such term in section 3765 of tus of the employees of the offeror as de- to address the areas of concern identified by this title. scribed in paragraph (1); and the Comptroller General for the Department ‘‘(7) The term ‘urban Indian organization’ ‘‘(B) complete debarment actions against of Veterans Affairs in the 2019 High-Risk such offeror by not later than 90 days after has the meaning given such term in section List of the Government Accountability Of- such determination. 4 of the Indian Health Care Improvement Act fice (GAO–19–157SP) regarding— (25 U.S.C. 1603).’’. ‘‘(3) The debarment of an offeror under (1) acquisition management; and (2) CLERICAL AMENDMENT.—The table of paragraph (1) includes the debarment of all (2) managing risks and improving health sections at the beginning of chapter 5 of such principals in the offeror for a period of not care. title is amended by inserting after the item less than five years.’’. (b) CLERICAL AMENDMENT.—The table of relating to section 546 the following new (b) ELEMENTS.—The report under sub- sections at the beginning of chapter 81 of item: section (a) shall include each of the fol- such title is amended by inserting after the ‘‘547. Advisory Committee on Tribal and In- item relating to section 8128 the following lowing: dian Affairs.’’. new item: (1) Root causes of the areas of concern de- (b) DEADLINE FOR ESTABLISHMENT.—The scribed in paragraphs (1) and (2) of sub- Secretary of Veterans Affairs shall establish ‘‘8129. Preference for offerors employing vet- erans.’’. section (a). the advisory committee required by section (2) Corrective actions and specific steps to SEC. 7004. EXTENSION OF CERTAIN EMPLOY- 547 of title 38, United States Code, as added address each root cause, including— by subsection (a)(1), not later than 180 days MENT AND REEMPLOYMENT RIGHTS (A) the progress of the Secretary in imple- after the date of the enactment of this Act. TO MEMBERS OF THE NATIONAL GUARD WHO PERFORM STATE AC- (c) DEADLINE FOR INITIAL APPOINTMENTS.— menting those actions and steps; and TIVE DUTY. Not later than 90 days after the date on (B) timelines and milestones the Secretary Section 4303 of title 38, United States Code, which the Secretary establishes the advisory determines feasible to complete each correc- is amended— committee required by such section, the Sec- tive action. (1) in paragraph (13), by inserting ‘‘State retary shall appoint members under sub- (3) Resources the Secretary determines are active duty for a period of 14 days or more, section (b)(1) of such section. necessary to implement corrective actions, State active duty in response to a national (d) INITIAL MEETING.—Not later than 90 including— emergency declared by the President under days after the date on which the Secretary (A) funding; establishes the advisory committee required the National Emergencies Act (50 U.S.C. 1601 et seq.), State active duty in response to a (B) stakeholders; by such section, such advisory committee (C) technology; and shall hold its first meeting. major disaster declared by the President (D) senior officials responsible for imple- (e) REPORT ON RELATION TO OFFICE OF TRIB- under section 401 of the Robert T. Stafford AL AND GOVERNMENT RELATIONS.— Disaster Relief and Emergency Assistance menting the corrective actions and reporting (1) IN GENERAL.—Not later than two years Act (42 U.S.C. 5170),’’ after ‘‘full-time Na- results. after the date of the first meeting held by tional Guard duty,’’; (4) Metrics for assessing progress in ad- the advisory committee required by such (2) by redesignating paragraph (15) as para- dressing the areas of concern described in section, the Secretary shall submit to Con- graph (16); and paragraphs (1) and (2) of subsection (a). gress a report on whether and to what extent (3) by inserting after paragraph (14) the fol- (5) Key outcomes that demonstrate the activities of the advisory committee im- lowing new paragraph (15): progress in addressing the areas of concern prove the function of the Office of Tribal and ‘‘(15) The term ‘State active duty’ means described in paragraphs (1) and (2) of sub- Government Relations of the Department of training or other duty, other than inactive section (a). Veterans Affairs, aid the decisions of the duty, performed by a member of the National (6) Obstacles to implementation of the plan Secretary, and whether and to what extent Guard of a State— that the Secretary identifies. the activities of the advisory committee du- ‘‘(A) not under section 502 of title 32 or (7) Recommendations of the Secretary re- plicate function of the Department per- under title 10; garding legislation or funding the Secretary ‘‘(B) in service to the Governor of a State; formed before the enactment of this Act. determines necessary to implement the plan. and (2) REVIEW BY ADVISORY COMMITTEE.—The (8) Any other information the Secretary ‘‘(C) for which the member is not entitled Secretary shall— determines is relevant to understanding the (A) give the advisory committee an oppor- to pay from the Federal Government.’’. progress of the Department toward the re- tunity to review the report required by para- SEC. 7005. REPAYMENT OF MISUSED BENEFITS. moval of the areas of concern from the High graph (1) before submitting the report under (a) IN GENERAL.—Section 6107(b) of title 38, such paragraph; and United States Code, is amended— Risk List. (B) include in the report submitted under (1) in paragraph (1), by striking ‘‘In any (c) ANNUAL UPDATES.— such paragraph such comments as the advi- case in which a fiduciary described in para- (1) UPDATE REQUIRED.—Not less than once sory committee considers appropriate re- graph (2)’’ and inserting ‘‘In any case not each year during the implementation period garding the views of the advisory committee covered by subsection (a) in which a fidu- under paragraph (2), the Secretary shall sub- with respect to the report. ciary’’; mit to Congress an update regarding imple- SEC. 7003. PREFERENCE FOR OFFERORS EM- (2) by striking paragraph (2); and mentation of each element of the plan under PLOYING VETERANS. (3) by redesignating paragraph (3) as para- subsection (b). (a) IN GENERAL.—Subchapter II of chapter graph (2). (2) IMPLEMENTATION PERIOD.—The imple- 81 of title 38, United States Code, is amended (b) APPLICATION.—The amendments made mentation period described in this paragraph by adding after section 8128 the following by subsection (a) shall apply with respect to new section: any determination by the Secretary of Vet- begins on the date on which the Secretary submits the report required under subsection ‘‘§ 8129. Preference for offerors employing erans Affairs made on or after the date of the (a) and ends on the earlier of the following veterans enactment of this Act regarding the misuse dates: ‘‘(a) PREFERENCE.—(1) In awarding a con- of benefits by a fiduciary. (A) The date on which the Comptroller tract for the procurement of goods or serv- SEC. 7006. EXEMPTION OF CERTAIN TRANSFERS. General removes the last area of concern for ices, the Secretary may give a preference to Section 7364(b)(1) of title 38, United States offerors that employ veterans on a full-time Code, is amended by adding at the end the the Department from the most recent High- basis. following new sentence: ‘‘Any amounts so Risk List of the Government Accountability ‘‘(2) The Secretary shall determine such transferred after September 30, 2016, shall be Office. preference based on the percentage of the available without regard to fiscal year limi- (B) The date that is 8 years after the date full-time employees of the offeror who are tations, notwithstanding section 1535(d) of on which the Secretary submits the plan re- veterans. title 31.’’. quired under subsection (a).

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7369 SEC. 7008. ANNUAL REPORT BY SECRETARY OF nancial officer of the Office of Community Subtitle C—Servicemembers Civil Relief VETERANS AFFAIRS ON IMPLEMEN- Care within the Veterans Health Administra- SEC. 7201. CLARIFICATION OF DELIVERY OF NO- TATION OF PRIORITY REC- tion, and all chief financial officers of Vet- TICE OF TERMINATION OF LEASES OMMENDATIONS OF COMPTROLLER erans Integrated Service Networks within OF PREMISES AND MOTOR VEHI- GENERAL OF THE UNITED STATES CLES FOR PURPOSES OF RELIEF PERTAINING TO DEPARTMENT OF the Veterans Health Administration; UNDER SERVICEMEMBERS CIVIL RE- VETERANS AFFAIRS. (ii) the chief financial officer of the Vet- LIEF ACT. (a) ANNUAL REPORT REQUIRED.—Not later erans Benefits Administration and all chief (a) IN GENERAL.—Section 305(c)(2) of the than 270 days after the date of the enactment financial officers of organizational subdivi- Servicemembers Civil Relief Act (50 U.S.C. of this Act, and not less than once during sions representing business lines within the 3955(c)(2)) is amended— each of the subsequent 3 years, the Secretary Veterans Benefits Administration; (1) in subparagraph (B), by striking ‘‘or’’ at of Veterans Affairs shall submit to the Com- (iii) the chief financial officer of the Na- the end; mittees on Veterans’ Affairs of the Senate tional Cemetery Administration; and (2) in subparagraph (C), by striking the pe- and House of Representatives and to the (iv) the chief financial officer of the Office riod and inserting ‘‘; or’’; and Comptroller General of the United States a of Information and Technology; and (3) by adding at the end the following new report on the implementation of priority rec- (B) does not include the Inspector General. subparagraph: ommendations of the Comptroller General SEC. 7102. PLANS FOR ADDRESSING MATERIAL ‘‘(D) by electronic means, including— that pertain to the Department of Veterans WEAKNESSES AND PROVIDING SUF- ‘‘(i) the direct delivery of material to an Affairs. FICIENT AUTHORITY TO CHIEF FI- NANCIAL OFFICER OF DEPARTMENT electronic address designated by the lessor (b) CONTENTS.—Each report submitted OF VETERANS AFFAIRS. (or the lessor’s grantee) or the lessor’s agent under subsection (a) shall include, for the pe- Not later than 180 days after the date of (or the agent’s grantee); riod covered by the report, the following: the enactment of this Act, and annually ‘‘(ii) the posting of material to a website or (1) The progress of the Secretary in imple- thereafter for each of the three subsequent other internet or electronic-based informa- menting all open priority recommendations years, the Secretary of Veterans Affairs, act- tion repository to which access has been of the Comptroller General for the Depart- ing through the Chief Financial Officer of granted to the lessee, the lessor (or the les- ment of Veterans Affairs. the Department of Veterans Affairs, shall sor’s grantee), or the lessor’s agent (or the (2) An explanation for each instance where submit to the appropriate congressional agent’s grantee); and the Secretary has decided not to implement, committees— ‘‘(iii) other electronic means reasonably or has not fully implemented, an open pri- (1) an action plan, including steps, related calculated to ensure actual receipt of the ority recommendation of the Comptroller timelines, costs, progress, status of imple- material by the lessor (or the lessor’s grant- General for the Department. mentation, and any updates for fully ad- ee) or the lessor’s agent (or the agent’s (3) A summary of the corrective actions dressing the material weaknesses of the De- grantee).’’. taken and remaining steps the Secretary partment discussed in the Management’s (b) EFFECTIVE DATE.—The amendments plans to take to implement open priority Discussion and Analysis section of the finan- made by subsection (a) shall apply to deliv- recommendations of the Comptroller Gen- cial statements of the Department submitted ery of notice of lease terminations on or eral. to Congress under section 3515 of title 31, after the date the enactment of this Act. (c) SUPPLEMENT NOT SUPPLANT CERTAIN United States Code for the year preceding REQUIRED REPORTS OR WRITTEN STATE- SEC. 7202. TECHNICAL CORRECTION REGARDING the year during which the report is sub- EXTENSION OF LEASE PROTECTIONS MENTS.—The report under this section shall mitted; and FOR SERVICEMEMBERS UNDER not be construed to supplant any report or (2) a plan outlining the steps the Secretary STOP MOVEMENT ORDERS IN RE- written statement required under section 720 plans to take to address the recommenda- SPONSE TO LOCAL, NATIONAL, OR of title 31, United States Code. tions of auditors related to entity-level in- GLOBAL EMERGENCY. SEC. 7009. CLARIFICATION OF METHODS USED TO ternal controls and to provide sufficient au- (a) IN GENERAL.—Section 305(b) of the MONITOR COMPLIANCE WITH CER- thority to the Chief Financial Officer of the Servicemembers Civil Relief Act (50 U.S.C. TAIN LIMITATIONS ON SUBCON- 3955(b)), as amended by Public Law 116–158, is TRACTING. Department to carry out the requirements of section 902 of title 31, United States Code. further amended— Section 8127(k)(3)(A) of title 38, United (1) in paragraph (1)(C)(ii), by striking ‘‘Sec- States Code, is amended by striking ‘‘and SEC. 7103. CHIEF FINANCIAL OFFICER ATTESTA- TION. retary of Defense’’ and inserting ‘‘Secretary any other’’ and inserting ‘‘or any other’’. Concurrent with the submittal to Congress concerned’’; and SEC. 7010. DEPARTMENT OF VETERANS AFFAIRS of the President’s budget request under sec- (2) in paragraph (2)(C)(ii), by striking ‘‘Sec- REQUIREMENT TO PROVIDE CER- tion 1105 of title 31, United States Code, for retary of Defense’’ and inserting ‘‘Secretary TAIN NOTICE TO PERSONS FILING concerned’’. CLAIMS FOR DAMAGE, INJURY, OR fiscal year 2022 and each of the next three DEATH ON STANDARD FORM 95. subsequent fiscal years, the Chief Financial (b) RETROACTIVE APPLICATION.—The Not later than 90 days after the date on Officer of the Department of Veterans affairs amendments made by this section shall which a person submits to the Secretary of shall submit to the appropriate congres- apply to stop movement orders issued on or Veterans Affairs a claim for damage, injury, sional committees each of the following: after March 1, 2020. or death on Standard Form 95, or any suc- (1) A certification of the responsibility of cessor form, the Secretary shall provide to the Chief Financial Officer for internal fi- SA 2696. Mr. INHOFE (for Mr. MORAN such person notice of each of the following: nancial controls of the Department. (for himself and Mr. TESTER)) proposed (1) The benefit of obtaining legal advice (2) An attestation that the Chief Financial an amendment to the bill H.R. 7105, to concerning such claim. Officer has collaborated sufficiently with the provide flexibility for the Secretary of (2) The employment status of any indi- subordinate chief financial officers of the De- Veterans Affairs in caring for homeless vidual listed on the form. partment to be confident in the financial veterans during a covered public health (3) If the claim involves a contractor that projections included the budget request and supporting materials. emergency, to direct the Secretary of entered into an agreement with the Sec- Veterans Affairs to carry out a retrain- retary, the importance of obtaining legal ad- SEC. 7104. CHIEF FINANCIAL OFFICER RESPONSI- vice as to the statute of limitations regard- BILITY FOR SUBORDINATE CHIEF FI- ing assistance program for unemployed ing the claim in the State in which the claim NANCIAL OFFICERS. veterans, and for other purposes; as fol- arose. (a) IN GENERAL.—In accordance with the lows: responsibilities of the Chief Financial Officer Strike all after the enacting clause and in- Subtitle B—Matters Relating to the Chief Fi- of the Department of Veterans Affairs for sert the following: nancial Officer of Department of Veterans the recruitment, selection, and training of Affairs personnel to carry out agency financial man- SECTION 1. SHORT TITLE. SEC. 7101. DEFINITIONS. agement functions pursuant to section This Act may be cited as the ‘‘Food Al- In this subtitle: 902(a)(5)(C) of title 31, United States Code, lergy Safety, Treatment, Education, and Re- (1) APPROPRIATE CONGRESSIONAL COMMIT- the Chief Financial Officer or the designee of search Act of 2020’’ or the ‘‘FASTER Act of TEES.—The term ‘‘appropriate congressional the Chief Financial Officer within the Office 2020’’. committees’’ means the Committees on Vet- of Management of the Department shall— SEC. 2. FOOD ALLERGY SAFETY. erans’ Affairs of the Senate and the House of (1) participate in the interview and selec- (a) IN GENERAL.—Section 201(qq)(1) of the Representatives and the Committees on Ap- tion panels of all subordinate chief financial Federal Food, Drug, and Cosmetic Act (21 propriations of the Senate and the House of officers; and U.S.C. 321(qq)(1)) is amended by striking Representatives. (2) give input into the performance plans ‘‘and soybeans’’ and inserting ‘‘soybeans, and (2) SUBORDINATE CHIEF FINANCIAL OFFI- and performance evaluations of all subordi- sesame’’. CER.—The term ‘‘subordinate chief financial nate chief financial officers. (b) EFFECTIVE DATE.—The amendment officer’’— (b) TERMINATION.—The requirements under made by subsection (a) shall apply to any (A) includes— subsection (a) shall terminate on the date food that is introduced or delivered for intro- (i) the chief financial officer of the Vet- that is five years after the date of the enact- duction into interstate commerce on or after erans Health Administration, the chief fi- ment of this Act. January 1, 2023.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.024 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7370 CONGRESSIONAL RECORD — SENATE December 9, 2020 SEC. 3. REPORT TO CONGRESS. SEC. 2. GRANTS TO ENTITIES FOR ESTABLISH- tion of the entity loan fund of such entity (a) REPORT.—Not later than 18 months MENT OF HAZARD MITIGATION RE- with the financial administration of any after the date of enactment of this Act, the VOLVING LOAN FUNDS. other revolving fund established by such en- Secretary of Health and Human Services (re- Title II of the Robert T. Stafford Disaster tity if the Administrator determines that— ferred to in this section as the ‘‘Secretary’’) Relief and Emergency Assistance Act (42 ‘‘(A) the capitalization grant, entity share, shall submit to the Committee on Health, U.S.C. 5131 et seq.) is amended by adding at repayments of loans, and interest earned on the end the following: Education, Labor, and Pensions of the Sen- amounts in the entity loan fund are ac- ate and the Committee on Energy and Com- ‘‘SEC. 205. GRANTS TO ENTITIES FOR ESTABLISH- counted for separately from other amounts MENT OF HAZARD MITIGATION RE- merce of the House of Representatives a re- in the revolving fund; and port that includes— VOLVING LOAN FUNDS. ‘‘(a) GENERAL AUTHORITY.— ‘‘(B) the authority to establish assistance (1) descriptions of ongoing Federal activi- priorities and carry out oversight activities ties related to— ‘‘(1) IN GENERAL.—The Administrator may enter into agreements with eligible entities remains in the control of the entity agency (A) the surveillance and collection of data responsible for emergency management. on the prevalence of food allergies and sever- to make capitalization grants to such enti- ties for the establishment of hazard mitiga- ‘‘(4) ENTITY SHARE OF FUNDS.— ity of allergic reactions for specific food or ‘‘(A) IN GENERAL.—On or before the date on food ingredients, including the identification tion revolving loan funds (referred to in this section as ‘entity loan funds’) for providing which a participating entity receives a cap- of any gaps in such activities; italization grant under this section, the enti- (B) the development of effective food al- funding assistance to local governments to carry out eligible projects under this section ty shall deposit into the entity loan fund of lergy diagnostics; such entity, an amount equal to not less (C) the prevention of the onset of food al- to reduce disaster risks for homeowners, businesses, nonprofit organizations, and than 10 percent of the amount of the capital- lergies; ization grant. (D) the reduction of risks related to living communities in order to decrease— ‘‘(B) REDUCED GRANT.—If, with respect to a with food allergies; and ‘‘(A) the loss of life and property; capitalization grant under this section, a (E) the development of new therapeutics to ‘‘(B) the cost of insurance; and participating entity deposits in the entity prevent, treat, cure, and manage food aller- ‘‘(C) Federal disaster payments. loan fund of the entity an amount that is gies; and ‘‘(2) AGREEMENTS.—Any agreement entered less than 10 percent of the total amount of (2) specific recommendations and strate- into under this section shall require the par- the capitalization grant that the partici- gies to expand, enhance, or improve activi- ticipating entity to— pating entity would otherwise receive, the ties described in paragraph (1), including— ‘‘(A) comply with the requirements of this Administrator shall reduce the amount of (A) strategies to improve the accuracy of section; and the capitalization grant received by the enti- food allergy prevalence data by expanding ‘‘(B) use accounting, audit, and fiscal pro- and intensifying current collection methods, cedures conforming to generally accepted ac- ty to the amount that is 10 times the amount including support for research that includes counting standards. so deposited. ‘‘(b) APPLICATION.— the identification of biomarkers and tests to ‘‘(d) APPORTIONMENT.— ‘‘(1) IN GENERAL.—To be eligible to receive validate survey data and the investigation of ‘‘(1) IN GENERAL.—Except as otherwise pro- a capitalization grant under this section, an the use of identified biomarkers and tests in vided by this subsection, the Administrator eligible entity shall submit to the Adminis- national surveys; shall apportion funds made available to trator an application that includes the fol- (B) strategies to overcome gaps in surveil- carry out this section to entities that have lowing: lance and data collection activities related entered into an agreement under subsection ‘‘(A) Project proposals comprised of local to food allergies and specific food allergens; (a)(2) in amounts as determined by the Ad- government hazard mitigation projects, on and ministrator. the condition that the entity provides public (C) recommendations for the development ‘‘(2) RESERVATION OF FUNDS.—The Adminis- notice not less than 6 weeks prior to the sub- and implementation of a regulatory process trator shall reserve not more than 2.5 per- mission of an application. and framework that would allow for the cent of the amount made available to carry ‘‘(B) An assessment of recurring major dis- timely, transparent, and evidence-based out this section for the Federal Emergency aster vulnerabilities impacting the entity modification of the definition of ‘‘major food Management Agency for— that demonstrates a risk to life and prop- allergen’’ included in section 201(qq) of the ‘‘(A) administrative costs incurred in car- erty. Federal Food, Drug and Cosmetic Act (21 rying out this section; ‘‘(C) A description of how the hazard miti- U.S.C. 321(qq)), including with respect to— ‘‘(B) providing technical assistance to par- gation plan of the entity has or has not (i) the scientific criteria for defining a food ticipating entities under subsection (b)(2); taken the vulnerabilities described in sub- or food ingredient as a ‘‘major food allergen’’ and paragraph (B) into account. pursuant to such process, including rec- ‘‘(C) capitalization grants to insular areas ‘‘(D) A description about how the projects ommendations pertaining to evidence of the under paragraph (4). described in subparagraph (A) could conform ‘‘(3) PRIORITY.—In the apportionment of prevalence and severity of allergic reactions with the hazard mitigation plan of the entity to a food or food ingredient that would be re- and of the unit of local government. capitalization grants under this subsection, quired in order to establish that such food or ‘‘(E) A proposal of the systematic and re- the Administrator shall give priority to enti- food ingredient is an allergen of public gional approach to achieve resilience in a ty applications under subsection (b) that— health concern appropriate for such process; vulnerable area, including impacts to river ‘‘(A) propose projects increasing resilience and basins, river corridors, watersheds, estuaries, and reducing risk of harm to natural and (ii) opportunities for stakeholder engage- bays, coastal regions, micro-basins, micro- built infrastructure; ment and comment, as appropriate, in con- watersheds, ecosystems, and areas at risk of ‘‘(B) involve a partnership between two or sidering any such modification to such defi- earthquakes, tsunamis, droughts, severe more eligible entities to carry out a project nition. storms, and wildfires, including the or similar projects; (b) PUBLICATION.—The Secretary shall wildland-urban interface. ‘‘(C) take into account regional impacts of make the report under subsection (a) avail- ‘‘(2) TECHNICAL ASSISTANCE.—The Adminis- hazards on river basins, river corridors, able on the internet website of the Depart- trator shall provide technical assistance to micro-watersheds, macro-watersheds, estu- ment of Health and Human Services. eligible entities for applications under this aries, lakes, bays, and coastal regions and areas at risk of earthquakes, tsunamis, SA 2697. Mr. INHOFE (for Mr. section. ‘‘(c) ENTITY LOAN FUND.— droughts, severe storms, and wildfires, in- ETERS P ) proposed an amendment to the ‘‘(1) ESTABLISHMENT OF FUND.—An entity cluding the wildland-urban interface; or bill S. 3418, to amend the Robert T. that receives a capitalization grant under ‘‘(D) propose projects for the resilience of Stafford Disaster Relief and Emer- this section shall establish an entity loan major economic sectors or critical national gency Assistance Act to allow the Ad- fund that complies with the requirements of infrastructure, including ports, global com- ministrator of the Federal Emergency this subsection. modity supply chain assets (located within Management Agency to provide cap- ‘‘(2) FUND MANAGEMENT.—Except as pro- an entity or within the jurisdiction of local italization grants to States to estab- vided in paragraph (3), entity loan funds governments, insular areas, and Indian tribal lish revolving funds to provide hazard shall— governments), power and water production and distribution centers, and bridges and wa- mitigation assistance to reduce risks ‘‘(A) be administered by the agency respon- sible for emergency management; and terways essential to interstate commerce. from disasters and natural hazards, and ‘‘(B) include only— ‘‘(4) INSULAR AREAS.— other related environmental harm; as ‘‘(i) funds provided by a capitalization ‘‘(A) APPORTIONMENT.—From any amount follows: grant under this section; remaining of funds reserved under paragraph Strike all after the enacting clause and in- ‘‘(ii) repayments of loans under this sec- (2), the Administrator may enter into agree- sert the following: tion to the entity loan fund; and ments to provide capitalization grants to in- SECTION 1. SHORT TITLE. ‘‘(iii) interest earned on amounts in the en- sular areas. This Act may be cited as the ‘‘Safe- tity loan fund. ‘‘(B) REQUIREMENTS.—An insular area re- guarding Tomorrow through Ongoing Risk ‘‘(3) ADMINISTRATION.—A participating en- ceiving a capitalization grant under this sec- Mitigation Act’’ or the ‘‘STORM Act’’. tity may combine the financial administra- tion shall comply with the requirements of

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.034 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7371 this section as applied to participating enti- ‘‘(E) flooding, including the construction, or in part with assistance made available by ties. repair, or replacement of a non-Federal levee an entity loan fund authorized by this sec- ‘‘(e) ENVIRONMENTAL REVIEW OF REVOLVING or other flood control structure, provided tion. LOAN FUND PROJECTS.—The Administrator that the Administrator, in consultation with ‘‘(g) INTENDED USE PLANS.— may delegate to a participating entity all of the Army Corps of Engineers (if appropriate), ‘‘(1) IN GENERAL.—After providing for pub- the responsibilities for environmental re- requires an eligible entity to determine that lic comment and review, and consultation view, decision making, and action pursuant such levee or structure is designed, con- with appropriate government agencies of the to the National Environmental Policy Act of structed, and maintained in accordance with State or Indian tribal government, Federal 1969 (42 U.S.C. 4321 et seq.), and other appli- sound engineering practices and standards agencies, and interest groups, each partici- cable Federal environmental laws including equivalent to the purpose for which such pating entity shall annually prepare and sub- the Endangered Species Act of 1973 (16 U.S.C. levee or structure is intended; mit to the Administrator a plan identifying 1531 et seq.) and the National Historic Pres- ‘‘(F) shoreline erosion; the intended uses of the entity loan fund. ervation Act of 1966 (54 U.S.C. 300101 et seq.) ‘‘(G) high water levels; and ‘‘(2) CONTENTS OF PLAN.—An entity in- that would apply to the Administrator were ‘‘(H) storm surges. tended use plan prepared under paragraph (1) the Administrator to undertake projects ‘‘(4) ZONING AND LAND USE PLANNING shall include— under this section as Federal projects so long CHANGES.—A participating entity may use ‘‘(A) the integration of entity planning ef- as the participating entity carries out such not more than 10 percent of a capitalization forts, including entity hazard mitigation responsibilities in the same manner and sub- grant under this section to enable units of plans and other programs and initiatives re- ject to the same requirements as if the Ad- local government to implement zoning and lating to mitigation of major disasters car- ministrator carried out such responsibilities. land use planning changes focused on— ried out by such entity; ‘‘(A) the development and improvement of ‘‘(f) USE OF FUNDS.— ‘‘(B) an explanation of the mitigation and zoning and land use codes that incentivize ‘‘(1) TYPES OF ASSISTANCE.—Amounts de- resiliency benefits the entity intends to and encourage low- impact development, re- posited in an entity loan fund, including loan achieve by— silient wildland-urban interface land man- repayments and interest earned on such ‘‘(i) reducing future damage and loss asso- agement and development, natural infra- amounts, may be used— ciated with hazards; structure, green stormwater management, ‘‘(ii) reducing the number of severe repet- ‘‘(A) to make loans, on the condition conservation areas adjacent to floodplains, itive loss structures and repetitive loss that— implementation of watershed or greenway structures in the entity; ‘‘(i) such loans are made at an interest rate master plans, and reconnection of ‘‘(iii) decreasing the number of insurance of not more than 1 percent; floodplains; claims in the entity from injuries resulting ‘‘(ii) annual principal and interest pay- ‘‘(B) the study and creation of agricultural from major disasters or other natural haz- ments will commence not later than 1 year risk compensation districts where there is a ards; and after completion of any project and all loans desire to remove or set-back levees pro- ‘‘(iv) increasing the rating under the com- made under this subparagraph will be fully tecting highly developed agricultural land to munity rating system under section 1315(b) amortized— mitigate for flooding, allowing agricultural ‘‘(I) not later than 20 years after the date producers to receive compensation for as- of the National Flood Insurance Act of 1968 on which the project is completed; or suming greater flood risk that would allevi- (42 U.S.C. 4022(b)) for communities in the en- ‘‘(II) for projects in a low-income geo- ate flood exposure to population centers and tity; graphic area, not later than 30 years after areas with critical national infrastructure; ‘‘(C) information on the availability of, and the date on which the project is completed ‘‘(C) the study and creation of land use in- application process for, financial assistance and not longer than the expected design life centives that reward developers for greater from the entity loan fund of such entity; of the project; reliance on low impact development ‘‘(D) the criteria and methods established ‘‘(iii) the loan recipient of a loan under stormwater best management practices, ex- for the distribution of funds; this subparagraph establishes a dedicated change density increases for increased open ‘‘(E) the amount of financial assistance source of revenue for repayment of the loan; space and improvement of neighborhood that the entity anticipates apportioning; ‘‘(iv) the loan recipient of a loan under this catch basins to mitigate urban flooding, re- ‘‘(F) the expected terms of the assistance subparagraph has a hazard mitigation plan ward developers for including and aug- provided from the entity loan fund; and that has been approved by the Adminis- menting natural infrastructure adjacent to ‘‘(G) a description of the financial status of trator; and and around building projects without reli- the entity loan fund, including short-term ‘‘(v) the entity loan fund will be credited ance on increased sprawl, and reward devel- and long-term goals for the fund. with all payments of principal and interest opers for addressing wildfire ignition; and ‘‘(h) AUDITS, REPORTS, PUBLICATIONS, AND on all loans made under this subparagraph; ‘‘(D) the study and creation of an erosion OVERSIGHT.— ‘‘(B) for mitigation efforts, in addition to response plan that accommodates river, ‘‘(1) BIENNIAL ENTITY AUDIT AND REPORT.— mitigation planning under section 322 not to lake, forest, plains, and ocean shoreline re- Beginning not later than the last day of the exceed 10 percent of the capitalization grants treating or bluff stabilization due to in- second fiscal year after the receipt of pay- made to the participating entity in a fiscal creased flooding and disaster impacts. ments under this section, and biennially year; ‘‘(5) ESTABLISHING AND CARRYING OUT BUILD- thereafter, any participating entity shall— ‘‘(C) for the reasonable costs of admin- ING CODE ENFORCEMENT.—A participating en- ‘‘(A) conduct an audit of the entity loan istering the fund and conducting activities tity may use capitalization grants under this fund established under subsection (c); and under this section, except that such amounts section to enable units of local government ‘‘(B) provide to the Administrator a report shall not exceed $100,000 per year, 2 percent to establish and carry out the latest pub- including— of the capitalization grants made to the par- lished editions of relevant building codes, ‘‘(i) the result of any such audit; and ticipating entity in a fiscal year, or 1 percent specifications, and standards for the purpose ‘‘(ii) a review of the effectiveness of the en- of the value of the entity loan fund, which- of protecting the health, safety, and general tity loan fund of the entity with respect to ever amount is greatest, plus the amount of welfare of the building’s users against disas- meeting the goals and intended benefits de- any fees collected by the entity for such pur- ters and natural hazards. scribed in the intended use plan submitted pose regardless of the source; and ‘‘(6) ADMINISTRATIVE AND TECHNICAL by the entity under subsection (g). ‘‘(D) to earn interest on the entity loan COSTS.—For each fiscal year, a participating ‘‘(2) PUBLICATION.—A participating entity fund. entity may use the amount described in shall publish and periodically update infor- ‘‘(2) PROHIBITION ON DETERMINATION THAT paragraph (1)(C) to— mation about all projects receiving funding LOAN IS A DUPLICATION.—In carrying out this ‘‘(A) pay the reasonable costs of admin- from the entity loan fund of such entity, in- section, the Administrator may not deter- istering the programs under this section, in- cluding— mine that a loan is a duplication of assist- cluding the cost of establishing an entity ‘‘(A) the location of the project; ance or programs under this Act. loan fund; and ‘‘(B) the type and amount of assistance ‘‘(3) PROJECTS AND ACTIVITIES ELIGIBLE FOR ‘‘(B) provide technical assistance to recipi- provided from the entity loan fund; ASSISTANCE.—Except as provided in this sub- ents of financial assistance from the entity ‘‘(C) the expected funding schedule; and section, a participating entity may use funds loan fund, on the condition that such tech- ‘‘(D) the anticipated date of completion of in the entity loan fund to provide financial nical assistance does not exceed 5 percent of the project. assistance for projects or activities that the capitalization grant made to such entity. ‘‘(3) OVERSIGHT.— mitigate the impacts of natural hazards in- ‘‘(7) LIMITATION FOR SINGLE PROJECTS.—A ‘‘(A) IN GENERAL.—The Administrator cluding— participating entity may not provide an shall, at least every 4 years, conduct reviews ‘‘(A) drought and prolonged episodes of in- amount equal to or more than $5,000,000 to a and audits as may be determined necessary tense heat; single hazard mitigation project. or appropriate by the Administrator to carry ‘‘(B) severe storms, including hurricanes, ‘‘(8) REQUIREMENTS.—For fiscal year 2022 out the objectives of this section and deter- tornados, wind storms, cyclones, and severe and each fiscal year thereafter, the require- mine the effectiveness of the fund in reduc- winter storms; ments of subchapter IV of chapter 31 of title ing natural hazard risk. ‘‘(C) wildfires; 40, United States Code, shall apply to the ‘‘(B) GAO REQUIREMENTS.—A participating ‘‘(D) earthquakes; construction of projects carried out in whole entity shall conduct audits under paragraph

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.033 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7372 CONGRESSIONAL RECORD — SENATE December 9, 2020 (1) in accordance with the auditing proce- tion 301(a) of the Public Works and Economic ized to meet during the session of the dures of the Government Accountability Of- Development Act of 1965 (42 U.S.C. 3161(a)). Senate on Wednesday, December 9, fice, including generally accepted govern- ‘‘(7) PARTICIPATING ENTITY.—The term ‘par- 2020, at 10 a.m., to conduct a hearing. ment auditing standards. ticipating entity’ means an eligible entity SUBCOMMITTEE ON CLEAN AIR AND NUCLEAR ‘‘(C) RECOMMENDATIONS BY ADMINIS- that has entered into an agreement under SAFETY TRATOR.—The Administrator may at any this section. time make recommendations for or require ‘‘(8) REPETITIVE LOSS STRUCTURE.—The The Subcommittee on Clean Air and specific changes to an entity loan fund in term ‘repetitive loss structure’ has the Nuclear Safety of the Committee on order to improve the effectiveness of the meaning given the term in section 1370 of the Environment and Public Works is au- fund. National Flood Insurance Act of 1968 (42 thorized to meet during the session of ‘‘(i) REGULATIONS OR GUIDANCE.—The Ad- U.S.C. 4121). the Senate on Wednesday, December 9, ministrator shall issue such regulations or ‘‘(9) SEVERE REPETITIVE LOSS STRUCTURE.— 2020, at 9:45 a.m., to conduct a hearing. guidance as are necessary to— The term ‘severe repetitive loss structure’ ‘‘(1) ensure that each participating entity has the meaning given the term in section f uses funds as efficiently as possible; 1366(h) of the National Flood Insurance Act DEPENDABLE EMPLOYMENT AND ‘‘(2) reduce waste, fraud, and abuse to the of 1968 (42 U.S.C. 4104c(h)). LIVING IMPROVEMENTS FOR maximum extent possible; and ‘‘(10) STATE.—The term ‘State’ means any VETERANS ECONOMIC RECOVERY ‘‘(3) require any party that receives funds State of the United States, the District of directly or indirectly under this section, in- Columbia, and Puerto Rico. ACT cluding a participating entity and a recipi- ‘‘(11) WILDLAND-URBAN INTERFACE.—The Mr. INHOFE. Mr. President, I ask ent of amounts from an entity loan fund, to term ‘wildland-urban interface’ has the unanimous consent that the Com- use procedures with respect to the manage- meaning given the term in section 101 of the mittee on Veterans’ Affairs be dis- ment of the funds that conform to generally Healthy Forests Restoration Act of 2003 (16 accepted accounting standards. charged from further consideration of U.S.C. 6511). H.R. 7105 and the Senate proceed to its ‘‘(j) WAIVER AUTHORITY.—Until such time ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.— as the Administrator issues final regulations There are authorized to be appropriated immediate consideration. to implement this section, the Adminis- $100,000,000 for each of fiscal years 2022 The PRESIDING OFFICER. The trator may— through 2023 to carry out this section.’’. clerk will report the bill by title. ‘‘(1) waive notice and comment rule- f The senior assistant legislative clerk making, if the Administrator determines the read as follows: waiver is necessary to expeditiously imple- AUTHORITY FOR COMMITTEES TO A bill (H.R. 7105) to provide flexibility for ment this section; and MEET the Secretary of Veterans Affairs in caring ‘‘(2) provide capitalization grants under for homeless veterans during a covered pub- this section as a pilot program. Mr. INHOFE. Mr. President, I have 7 lic health emergency, to direct the Secretary ‘‘(k) LIABILITY PROTECTIONS.—The Agency requests for committees to meet during shall not be liable for any claim based on the today’s session of the Senate. They of Veterans Affairs to carry out a retraining exercise or performance of, or the failure to assistance program for unemployed veterans, have the approval of the Majority and and for other purposes. exercise or perform, a discretionary function Minority leaders. or duty by the Agency, or an employee of the Pursuant to rule XXVI, paragraph There being no objection, the com- Agency in carrying out this section. mittee was discharged, and the Senate ‘‘(l) GAO REPORT.—Not later than 1 year 5(a), of the Standing Rules of the Sen- ate, the following committees are au- proceeded to consider the bill, which after the date on which the first entity loan was reported from the Committee on fund is established under subsection (c), the thorized to meet during today’s session Comptroller General of the United States of the Senate: Veterans’ Affairs. shall submit to the Committee on Homeland Mr. INHOFE. I ask unanimous con- COMMITTEE ON COMMERCE, SCIENCE, AND sent that the Moran substitute amend- Security and Governmental Affairs of the TRANSPORTATION Senate and the Committee on Transpor- ment at the desk be agreed to, the bill, The Committee on Commerce, tation and Infrastructure of the House of as amended, be considered read a third Science, and Transportation is author- Representatives a report that examines— time and passed, and that the motion ized to meet during the session of the ‘‘(1) the appropriateness of regulations and to reconsider be considered made and guidance issued by the Administrator for the Senate on Wednesday, December 9, laid upon the table. program, including any oversight of the pro- 2020, at 10 a.m., to conduct a hearing. gram; The PRESIDING OFFICER. Without COMMITTEE ON HOMELAND SECURITY AND ‘‘(2) a description of the number of the en- objection, it is so ordered. GOVERNMENTAL AFFAIRS tity loan funds established, the projects The amendment (No. 2696) in the na- funded from such entity loan funds, and the The Committee on Homeland Secu- ture of a substitute was agreed to, as extent to which projects funded by the loan rity and Governmental Affairs is au- follows: funds adhere to any applicable hazard miti- thorized to meet during the session of (The amendment is printed in today’s gation plans; the Senate on Wednesday, September RECORD under ‘‘Text of Amendments.’’) ‘‘(3) the effectiveness of the entity loan 30, 2020, at 10 a.m., to conduct a hear- The amendment was ordered to be funds to lower disaster related costs; and ing. engrossed and the bill to be read a ‘‘(4) recommendations for improving the COMMITTEE ON INDIAN AFFAIRS administration of entity loan funds. third time. ‘‘(m) DEFINITIONS.—In this section, the fol- The Committee on Indian Affairs is The bill was read the third time. lowing definitions apply: authorized to meet during the session The bill (H.R. 7105), as amended, was ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- of the Senate on Wednesday, December passed. trator’ means the Administrator of the Fed- 9, 2020, at 2:30 p.m., to conduct a hear- f eral Emergency Management Agency. ing. ‘‘(2) AGENCY.—The term ‘Agency’ means BANKRUPTY ADMINISTRATION COMMITTEE ON VETERANS’ AFFAIRS the Federal Emergency Management Agen- IMPROVEMENT ACT OF 2020 The Committee on Veterans’ Affairs cy. Mr. INHOFE. Mr. President, I ask is authorized to meet during the ses- ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible unanimous consent that the Senate entity’ means— sion of the Senate on Wednesday, De- proceed to the immediate consider- ‘‘(A) a State; or cember 9, 2020, at 10 a.m., to conduct a ation of S. 4996, introduced earlier ‘‘(B) an Indian tribal government that has hearing. received a major disaster declaration during today. SELECT COMMITTEE ON INTELLIGENCE the 5-year period ending on the date of en- The PRESIDING OFFICER. Without actment of the STORM Act. The Select Committee on Intel- objection, it is so ordered. ‘‘(4) HAZARD MITIGATION PLAN.—The term ligence is authorized to meet during The clerk will report the bill by title. ‘hazard mitigation plan’ means a mitigation the session of the Senate on Tuesday, The senior assistant legislative clerk plan submitted under section 322. April 30, 2019, at 2 p.m., to conduct a read as follows: ‘‘(5) INSULAR AREA.—The term ‘insular closed briefing. A bill (S. 4996) to ensure funding of the area’ means Guam, American Samoa, the SUBCOMMITTEE ON SOCIAL SECURITY, PENSIONS, United States trustees, extend temporary Commonwealth of the Northern Mariana Is- AND FAMILY POLICY bankruptcy judgeships, and for other pur- lands, and the United States Virgin Islands. poses. ‘‘(6) LOW-INCOME GEOGRAPHIC AREA.—The The Subcommittee on Social Secu- term ‘low-income geographic area’ means an rity, Pensions, and Family Policy of There being no objection, the Senate area described in paragraph (1) or (2) of sec- the Committee on Finance is author- proceeded to consider the bill.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.033 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7373 Mr. INHOFE. I ask unanimous con- in paragraph (2), shall be deposited as fol- (d) BANKRUPTCY FEES.—Section 1930(a) of sent that the bill be considered read a lows, in the following order: title 28, United States Code, is amended— third time and passed and the motion ‘‘(A) First, the amounts specified in the (1) by striking paragraph (6)(B) and insert- Department of Justice appropriations for to reconsider be considered made and ing the following: that fiscal year, shall be deposited as discre- ‘‘(B)(i) During the 5-year period beginning laid upon the table. tionary offsetting collections to the ‘‘United on January 1, 2021, in addition to the filing The PRESIDING OFFICER. Without States Trustee System Fund’’, pursuant to fee paid to the clerk, a quarterly fee shall be objection, it is so ordered. subsection (a), to remain available until ex- paid to the United States trustee, for deposit The bill (S. 4996) was ordered to be pended. in the Treasury, in each open and reopened engrossed for a third reading, was read ‘‘(B) Second, the amounts determined an- case under chapter 11 of title 11, other than the third time, and passed as follows: nually by the Director of the Administrative under subchapter V, for each quarter (includ- Office of the United States Courts that are ing any fraction thereof) until the case is S. 4996 necessary to reimburse the judiciary for the closed, converted, or dismissed, whichever Be it enacted by the Senate and House of Rep- costs of administering payments under sec- occurs first. resentatives of the United States of America in tion 330(e) of title 11, shall be deposited as ‘‘(ii) The fee shall be the greater of— Congress assembled, mandatory offsetting collections to the ‘‘(I) 0.4 percent of disbursements or $250 for SECTION 1. SHORT TITLE. ‘United States Trustee System Fund’, and each quarter in which disbursements total This Act may be cited as the ‘‘Bankruptcy transferred and deposited into the special less than $1,000,000; and Administration Improvement Act of 2020’’. fund established under section 1931(a), and ‘‘(II) 0.8 percent of disbursements but not SEC. 2. FINDINGS AND PURPOSE. notwithstanding subsection (a), shall be more than $250,000 for each quarter in which (a) FINDINGS.—Congress finds the fol- available for expenditure without further ap- disbursements total at least $1,000,000. lowing: propriation. ‘‘(iii) The fee shall be payable on the last (1) Because of the importance of the goal ‘‘(C) Third, the amounts determined annu- day of the calendar month following the cal- that the bankruptcy system is self-funded, at ally by the Director of the Administrative endar quarter for which the fee is owed.’’; no cost to the taxpayer, Congress has closely Office of the United States Courts that are and monitored the funding needs of the bank- necessary to pay trustee compensation au- (2) in paragraph (7), in the first sentence, ruptcy system, including by requiring peri- thorized by section 330(e)(2) of title 11, shall by striking ‘‘may’’ and inserting ‘‘shall’’. odic reporting by the Attorney General re- be deposited as mandatory offsetting collec- (e) APPLICABILITY.— garding the United States Trustee System tions to the ‘United States Trustee System (1) IN GENERAL.—Except as provided in Fund. Fund’, and transferred and deposited into the paragraph (2), the amendments made by this (2) Congress has amended the various Chapter 7 Trustee Fund established under section shall take effect on the date of enact- bankruptcy fees as necessary to ensure that section 330(e) of title 11 for payment to trust- ment of this Act. the bankruptcy system remains self-sup- ees serving in cases under chapter 7 of title (2) EXCEPTIONS.— porting, while also fairly allocating the costs 11 (in addition to the amounts paid under (A) COMPENSATION OF OFFICERS.—The of the system among those who use the sys- section 330(b) of title 11), in accordance with amendments made by subsection (c) shall tem. that section, and notwithstanding subsection apply to any case filed on or after the date (3) Because the bankruptcy system is (a), shall be available for expenditure with- of enactment of this Act— interconnected, the result has been a system out further appropriation. (i) under chapter 7 of title 11, United of fees, including filing fees, quarterly fees in ‘‘(D) Fourth, any remaining amounts shall States Code; or chapter 11 cases, and other fees, that to- be deposited as discretionary offsetting col- (ii)(I) under chapter 11, 12, or 13 of that gether fund the courts, judges, United States lections to the ‘United States Trustee Sys- title; and trustees, and chapter 7 case trustees nec- tem Fund’, to remain available until ex- (II) converted to a chapter 7 case under essary for the bankruptcy system to func- pended. that title. ‘‘(2) Notwithstanding subsection (b), for tion. (B) BANKRUPTCY FEES.—The amendments each of fiscal years 2021 through 2026, (4) This Act and the amendments made by made by subsection (d) shall apply to— $5,400,000 of the fees collected under section this Act— (i) any case pending under chapter 11 of 1930(a)(6) shall be deposited in the general (A) ensure adequate funding of the United title 11, United States Code, on or after the fund of the Treasury.’’. date of enactment of this Act; and States trustees, supports the preservation of (c) COMPENSATION OF OFFICERS.—Section existing bankruptcy judgeships that are ur- 330 of title 11, United States Code, is amend- (ii) quarterly fees payable under section gently needed to handle existing and antici- ed by adding at the end the following: 1930(a)(6) of title 28, United States Code, as pated increases in business and consumer ‘‘(e)(1) There is established a fund in the amended by subsection (d), for disbursements caseloads, and provides long-overdue addi- Treasury of the United States, to be known made in any calendar quarter that begins on tional compensation for chapter 7 case trust- as the ‘Chapter 7 Trustee Fund’, which shall or after the date of enactment of this Act. ees whose caseloads include chapter 11 reor- be administered by the Director of the Ad- SEC. 4. EXTENSION OF TEMPORARY OFFICE OF ganization cases that were converted to ministrative Office of the United States BANKRUPTCY JUDGES IN CERTAIN chapter 7 liquidation cases; and Courts. JUDICIAL DISTRICTS. (B) confirm the longstanding intention of ‘‘(2) Deposits into the Chapter 7 Trustee (a) TEMPORARY OFFICE OF BANKRUPTCY Congress that quarterly fee requirements re- Fund under section 589a(f)(1)(C) of title 28 JUDGES AUTHORIZED BY THE BANKRUPTCY main consistent across all Federal judicial shall be available until expended for the pur- JUDGESHIP ACT OF 2017.— districts. poses described in paragraph (3). (1) EXTENSIONS.—The temporary office of (b) PURPOSE.—The purpose of this Act and ‘‘(3) For fiscal years 2021 through 2026, the bankruptcy judges authorized by section the amendments made by this Act is to fur- Chapter 7 Trustee Fund shall be available to 1003(a) of the Bankruptcy Judgeship Act of ther the long-standing goal of Congress of pay the trustee serving in a case that is filed 2017 (28 U.S.C. 152 note) for the district of ensuring that the bankruptcy system is self- under chapter 7 or a case that is converted to Delaware and the eastern district of Michi- funded, at no cost to the taxpayer. a chapter 7 case in the most recent fiscal gan are extended until the applicable va- year (referred to in this subsection as a SEC. 3. UNITED STATES TRUSTEE SYSTEM FUND; cancy specified in paragraph (2) in the office ‘chapter 7 case’) the amount described in BANKRUPTCY FEES. of a bankruptcy judge for the respective dis- paragraph (4) for the chapter 7 case in which (a) DEPOSITS OF CERTAIN FEES FOR FISCAL trict occurs. the trustee has rendered services in that fis- YEARS 2021 THROUGH 2026.—Notwithstanding (2) VACANCIES.— cal year. section 589a(b) of title 28, United States ‘‘(4) The amount described in this para- (A) DISTRICT OF DELAWARE.—The 1st and 2d Code, for each of fiscal years 2021 through graph shall be the lesser of— vacancies in the office of a bankruptcy judge 2026— ‘‘(A) $60; or for the district of Delaware— (1) the fees collected under section ‘‘(B) a pro rata share, for each chapter 7 (i) occurring 5 years or more after the date 1930(a)(6) of such title, less the amount speci- case, of the fees collected under section established by section 1003(b)(1) of the Bank- fied in subparagraph (2), shall be deposited as 1930(a)(6) of title 28 and deposited to the ruptcy Judgeship Act of 2017 (28 U.S.C. 152 specified in subsection (b); and United States Trustee System Fund under note), and (2) $5,400,000 of the fees collected under sec- section 589a(f)(1) of title 28, less the amounts (ii) resulting from the death, retirement, tion 1930(a)(6) of such title shall be deposited specified in section 589a(f)(1)(A) and (B) of resignation, or removal of a bankruptcy in the general fund of the Treasury. title 28. judge, (b) UNITED STATES TRUSTEE SYSTEM ‘‘(5) The payment received by a trustee shall not be filled. FUND.—Section 589a of title 28, United States under paragraph (3) shall be paid in addition (B) EASTERN DISTRICT OF MICHIGAN.—The Code, is amended by adding at the end the to the amount paid under subsection (b). 1st vacancy in the office of a bankruptcy following: ‘‘(6) Not later than September 30, 2021, the judge for the eastern district of Michigan— ‘‘(f)(1) During each of fiscal years 2021 Director of the Administrative Office of the (i) occurring 5 years or more after the date through 2026 and notwithstanding sub- United States Courts shall promulgate regu- established by section 1003(b)(3) of the Bank- sections (b) and (c), the fees collected under lations for the administration of this sub- ruptcy Judgeship Act of 2017 (28 U.S.C. 152 section 1930(a)(6), less the amount specified section.’’. note), and

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.063 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7374 CONGRESSIONAL RECORD — SENATE December 9, 2020

(ii) resulting from the death, retirement, (E) EASTERN DISTRICT OF MICHIGAN.—The 2d SION ACT OF 2012, AND THE BANKRUPTCY resignation, or removal of a bankruptcy vacancy in the office of a bankruptcy judge JUDGESHIP ACT OF 2017.— judge, for the eastern district of Michigan— (1) EXTENSIONS.—The temporary office of shall not be filled. (i) occurring 5 years or more after the date bankruptcy judges authorized by section 3(a) (3) APPLICABILITY OF OTHER PROVISIONS.— established by section 1002(a)(2) of the Bank- of the Bankruptcy Judgeship Act of 1992 (28 Except as provided in paragraphs (1) and (2), ruptcy Judgeship Act of 2017 (28 U.S.C. 152 U.S.C. 152 note), extended by section 1223(c) all other provisions of section 1003 of the note), and of Bankruptcy Judgeship Act of 2005 (28 Bankruptcy Judgeship Act of 2017 (28 U.S.C. (ii) resulting from the death, retirement, U.S.C. 152 note), extended by section 2(b) of 152 note) remain applicable to the temporary resignation, or removal of a bankruptcy the Temporary Bankruptcy Judgeships Ex- office of bankruptcy judges referred to in judge, tension Act of 2012 (28 U.S.C. 152 note), and paragraph (1). shall not be filled. further extended by section 1002(b) of the (F) DISTRICT OF PUERTO RICO.—The 1st va- Bankruptcy Judgeship Act of 2017 (28 U.S.C. (b) TEMPORARY OFFICE OF BANKRUPTCY cancy in the office of a bankruptcy judge for 152 note) for the district of Delaware and the JUDGES AUTHORIZED BY THE BANKRUPTCY the district of Puerto Rico— district of Puerto Rico are extended until JUDGESHIP ACT OF 2005 AND EXTENDED BY THE (i) occurring 5 years or more after the date the applicable vacancy specified in para- TEMPORARY BANKRUPTCY JUDGESHIPS EXTEN- established by section 1002(a)(2) of the Bank- graph (2) in the office of a bankruptcy judge SION ACT OF 2012 AND THE BANKRUPTCY ruptcy Judgeship Act of 2017 (28 U.S.C. 152 for the respective district occurs. JUDGESHIP ACT OF 2017.— note), and (2) VACANCIES.— (1) EXTENSIONS.—The temporary office of (ii) resulting from the death, retirement, (A) DISTRICT OF DELAWARE.—The 7th va- bankruptcy judges authorized for the fol- resignation, or removal of a bankruptcy cancy in the office of a bankruptcy judge for lowing districts by section 1223(b) of the judge, the district of Delaware— Bankruptcy Judgeship Act of 2005 (28 U.S.C. shall not be filled. (i) occurring 5 years or more after the date 152 note), extended by section 2(a) of the (3) APPLICABILITY OF OTHER PROVISIONS.— established by section 1002(b)(2) of the Bank- Temporary Bankruptcy Judgeships Exten- Except as provided in paragraphs (1) and (2), ruptcy Judgeship Act of 2017 (28 U.S.C. 152 sion Act of 2012 (28 U.S.C. 152 note), and fur- all other provisions of section 1223 of the note), and ther extended by section 1002(a) of the Bank- Bankruptcy Judgeship Act of 2005 (28 U.S.C. (ii) resulting from the death, retirement, ruptcy Judgeship Act of 2017 (28 U.S.C. 152 152 note), section 2 of the Temporary Bank- resignation, or removal of a bankruptcy note) are extended until the applicable va- ruptcy Judgeships Extension Act of 2012 (28 judge, cancy specified in paragraph (2) in the office U.S.C. 152 note), and section 1002 of the shall not be filled. of a bankruptcy judge for the respective dis- Bankruptcy Judgeship Act of 2017 (28 U.S.C. (B) DISTRICT OF PUERTO RICO.—The 2d va- trict occurs: 152 note) remain applicable to the temporary cancy in the office of a bankruptcy judge for (A) The district of Delaware. office of bankruptcy judges referred to in the district of Puerto Rico— (B) The southern district of Florida. paragraph (1). (i) occurring 5 years or more after the date (C) The district of Maryland. (c) TEMPORARY OFFICE OF BANKRUPTCY established by section 1002(b)(2) of the Bank- (D) The eastern district of Michigan. JUDGES AUTHORIZED BY THE BANKRUPTCY ruptcy Judgeship Act of 2017 (28 U.S.C. 152 (E) The district of Nevada. JUDGESHIP ACT OF 2005 AND EXTENDED BY THE note), and (F) The eastern district of North Carolina. TEMPORARY BANKRUPTCY JUDGESHIPS EXTEN- (ii) resulting from the death, retirement, (G) The district of Puerto Rico. SION ACT OF 2012.— resignation, or removal of a bankruptcy (H) The eastern district of Virginia. (1) EXTENSIONS.—The temporary office of judge, (2) VACANCIES.— bankruptcy judges authorized for the fol- shall not be filled. (A) SINGLE VACANCIES.—Except as provided lowing districts by section 1223(b) of the (3) APPLICABILITY OF OTHER PROVISIONS.— in subparagraphs (B), (C), (D), (E), and (F), Bankruptcy Judgeship Act of 2005 (28 U.S.C. Except as provided in paragraphs (1) and (2), the 1st vacancy in the office of a bankruptcy 152 note) and extended by section 2(a) of the all other provisions of section 3 of the Bank- judge for each district specified in paragraph Temporary Bankruptcy Judgeships Exten- ruptcy Judgeship Act of 1992 (28 U.S.C. 152 (1)— sion Act of 2012 (28 U.S.C. 152 note) are ex- note), section 1223 of Bankruptcy Judgeship (i) occurring 5 years or more after the date tended until the applicable vacancy specified Act of 2005 (28 U.S.C. 152 note), section 2 of established by section 1002(a)(2) of the Bank- in paragraph (2) in the office of a bankruptcy the Temporary Bankruptcy Judgeships Ex- ruptcy Judgeship Act of 2017 (28 U.S.C. 152 judge for the respective district occurs: tension Act of 2012 (28 U.S.C. 152 note), and note), and (A) The southern district of Georgia. section 1002 of the Bankruptcy Judgeship (ii) resulting from the death, retirement, (B) The district of Maryland. Act of 2017 (28 U.S.C. 152 note) remain appli- resignation, or removal of a bankruptcy (C) The district of New Jersey. cable to the temporary office of bankruptcy judge, (D) The northern district of New York. judges referred to in paragraph (1). shall not be filled. (E) The district of South Carolina. (e) TEMPORARY OFFICE OF BANKRUPTCY (B) DISTRICT OF DELAWARE.—The 3d, 4th, (2) VACANCIES.— JUDGE AUTHORIZED BY THE BANKRUPTCY 5th, and 6th vacancies in the office of a bank- (A) SINGLE VACANCIES.—Except as provided JUDGESHIP ACT OF 1992 AND EXTENDED BY THE ruptcy judge for the district of Delaware— in subparagraph (B), the 1st vacancy in the BANKRUPTCY JUDGESHIP ACT OF 2005 AND THE (i) occurring 5 years or more after the date office of a bankruptcy judge for each district TEMPORARY BANKRUPTCY JUDGESHIPS EXTEN- established by section 1002(a)(2) of Bank- specified in paragraph (1)— SION ACT OF 2012.— ruptcy Judgeship Act of 2017 (28 U.S.C. 152 (i) occurring 5 years or more after the date (1) EXTENSIONS.—The temporary office of note), and of the enactment of this Act, and bankruptcy judge authorized by section 3(a) (ii) resulting from the death, retirement, (ii) resulting from the death, retirement, of the Bankruptcy Judgeship Act of 1992 (28 resignation, or removal of a bankruptcy resignation, or removal of a bankruptcy U.S.C. 152 note), extended by section 1223(c) judge, judge, of the Bankruptcy Judgeship Act of 2005 (28 shall not be filled. shall not be filled. U.S.C. 152 note), and further extended by sec- (C) SOUTHERN DISTRICT OF FLORIDA.—The (B) DISTRICT OF MARYLAND.—The 2d and 3d tion 2(b) of the Temporary Bankruptcy 1st and 2d vacancies in the office of a bank- vacancies in the office of a bankruptcy judge Judgeships Extension Act of 2012 (28 U.S.C. ruptcy judge for the southern district of for the district of Maryland— 152 note) for the eastern district of Ten- Florida— (i) occurring 5 years or more after the date nessee is extended until the applicable va- (i) occurring 5 years or more after the date of the enactment of this Act, and cancy specified in paragraph (2) in the office established by section 1002(a)(2) of the Bank- (ii) resulting from the death, retirement, of a bankruptcy judge for the district occurs. ruptcy Judgeship Act of 2017 (28 U.S.C. 152 resignation, or removal of a bankruptcy (2) VACANCY.—The 1st vacancy in the office note), and judge, of a bankruptcy judge for the eastern dis- (ii) resulting from the death, retirement, shall not be filled. trict of Tennessee— resignation, or removal of a bankruptcy (3) APPLICABILITY OF OTHER PROVISIONS.— (A) occurring 5 years or more after the judge, Except as provided in paragraphs (1) and (2), date of the enactment of this Act, and shall not be filled. all other provisions of section 1223 of the (B) resulting from the death, retirement, (D) DISTRICT OF MARYLAND.—The 1st va- Bankruptcy Judgeship Act of 2005 (28 U.S.C. resignation, or removal of a bankruptcy cancy in the office of a bankruptcy judge for 152 note) and section 2 of the Temporary judge, the district of Maryland— Bankruptcy Judgeships Extension Act of 2012 shall not be filled. (i) occurring 5 years or more after the date (28 U.S.C. 152 note) remain applicable to the (3) APPLICABILITY OF OTHER PROVISIONS.— established by section 1002(a)(2) of the Bank- temporary office of bankruptcy judges re- Except as provided in paragraphs (1) and (2), ruptcy Judgeship Act of 2017 (28 U.S.C. 152 ferred to in paragraph (1). all other provisions of section 3 of the Bank- note), and (d) TEMPORARY OFFICE OF BANKRUPTCY ruptcy Judgeship Act of 1992 (28 U.S.C. 152 (ii) resulting from the death, retirement, JUDGES AUTHORIZED BY THE BANKRUPTCY note), section 1223 of the Bankruptcy Judge- resignation, or removal of a bankruptcy JUDGESHIP ACT OF 1992 AND EXTENDED BY THE ship Act of 2005 (28 U.S.C. 152 note), and sec- judge, BANKRUPTCY JUDGESHIP ACT OF 2005, THE tion 2 of the Temporary Bankruptcy Judge- shall not be filled. TEMPORARY BANKRUPTCY JUDGESHIPS EXTEN- ships Extension Act of 2012 (28 U.S.C. 152

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.019 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7375 note) remain applicable to the temporary of- (1) in subsection (a)(2)(G), by striking ‘‘or ‘‘(B) use accounting, audit, and fiscal pro- fice of bankruptcy judge referred to in para- grantee’’ and inserting ‘‘grantee, or sub- cedures conforming to generally accepted ac- graph (1). grantee’’; counting standards. (f) TEMPORARY OFFICE OF BANKRUPTCY (2) in subsection (b), by striking ‘‘con- ‘‘(b) APPLICATION.— JUDGE AUTHORIZED BY THE BANKRUPTCY tractor or grantee’’ and inserting ‘‘con- ‘‘(1) IN GENERAL.—To be eligible to receive JUDGESHIP ACT OF 1992 AND EXTENDED BY THE tractor, subcontractor, grantee, or sub- a capitalization grant under this section, an TEMPORARY BANKRUPTCY JUDGESHIPS EXTEN- grantee’’; eligible entity shall submit to the Adminis- SION ACT OF 2012.— (3) in subsection (c)(1), by striking ‘‘con- trator an application that includes the fol- (1) EXTENSIONS.—The temporary office of tractor or grantee’’ each place it appears and lowing: bankruptcy judge authorized by section 3(a) inserting ‘‘contractor, subcontractor, grant- ‘‘(A) Project proposals comprised of local of the Bankruptcy Judgeship Act of 1992 (28 ee, or subgrantee’’; and government hazard mitigation projects, on U.S.C. 152 note) and extended by section 2(c) (4) in subsection (d), by striking ‘‘and the condition that the entity provides public of the Temporary Bankruptcy Judgeships grantees’’ and inserting ‘‘grantees, and sub- notice not less than 6 weeks prior to the sub- Extension Act of 2012 (28 U.S.C. 152 note) for grantees’’. mission of an application. the middle district of North Carolina is ex- f ‘‘(B) An assessment of recurring major dis- tended until the applicable vacancy specified aster vulnerabilities impacting the entity in paragraph (2) in the office of a bankruptcy SAFEGUARDING TOMORROW that demonstrates a risk to life and prop- judge for the district occurs. THROUGH ONGOING RISK MITI- erty. (2) VACANCY.—The 1st vacancy in the office GATION ACT OF 2020 ‘‘(C) A description of how the hazard miti- of a bankruptcy judge for the middle district gation plan of the entity has or has not of North Carolina— Mr. INHOFE. Mr. President, I ask taken the vulnerabilities described in sub- (A) occurring 5 years or more after the unanimous consent that the Senate paragraph (B) into account. date of the enactment of this Act, and proceed to the immediate consider- ‘‘(D) A description about how the projects (B) resulting from the death, retirement, ation of Calendar No. 511, S. 3418. described in subparagraph (A) could conform resignation, or removal of a bankruptcy The PRESIDING OFFICER. The with the hazard mitigation plan of the entity judge, and of the unit of local government. shall not be filled. clerk will report the bill by title. The senior assistant legislative clerk ‘‘(E) A proposal of the systematic and re- (3) APPLICABILITY OF OTHER PROVISIONS.— gional approach to achieve resilience in a Except as provided in paragraphs (1) and (2), read as follows: vulnerable area, including impacts to river all other provisions of section 3 of the Bank- A bill (S. 3418) to amend the Robert T. basins, river corridors, watersheds, estuaries, ruptcy Judgeship Act of 1992 (28 U.S.C. 152 Stafford Disaster Relief and Emergency As- bays, coastal regions, micro-basins, micro- note) and section 2 of the Temporary Bank- sistance Act to allow the Administrator of watersheds, ecosystems, and areas at risk of ruptcy Judgeships Extension Act of 2012 (28 the Federal Emergency Management Agency earthquakes, tsunamis, droughts, and U.S.C. 152 note) (28 U.S.C. 152 note) remain to provide capitalization grants to States to wildfires. applicable to the temporary office of bank- establish revolving funds to provide hazard ‘‘(2) TECHNICAL ASSISTANCE.—The Adminis- ruptcy judge referred to in paragraph (1). mitigation assistance to reduce risks from trator shall provide technical assistance to SEC. 5. REGULATIONS. disasters and natural hazards, and other re- eligible entities for applications under this Section 375(h) of title 28, United States lated environmental harm. section. Code, is amended by striking ‘‘may’’ and in- There being no objection, the Senate ‘‘(c) ENTITY LOAN FUND.— serting ‘‘shall’’. proceeded to consider the bill, which ‘‘(1) ESTABLISHMENT OF FUND.—An entity f had been reported from the Committee that receives a capitalization grant under on Homeland Security and Govern- this section shall establish an entity loan WHISTLEBLOWER ACT OF 2019 fund that complies with the requirements of Mr. INHOFE. Mr. President, I ask mental Affairs with an amendment as this subsection. unanimous consent that the Com- follows: ‘‘(2) FUND MANAGEMENT.—Except as pro- mittee on Homeland Security and Gov- (The parts of the bill intended to be vided in paragraph (3), entity loan funds ernmental Affairs be discharged from stricken are shown in boldface brack- shall— further consideration of S. 2315 and ets and the parts of the bill intended to ‘‘(A) be administered by the agency respon- be inserted are shown in italics.) sible for emergency management; and that the Senate proceed to its imme- ‘‘(B) include only— S. 3418 diate consideration. ‘‘(i) funds provided by a capitalization The PRESIDING OFFICER. Without Be it enacted by the Senate and House of Rep- grant under this section; objection, it is so ordered. resentatives of the United States of America in ‘‘(ii) repayments of loans under this sec- The clerk will report the bill by title. Congress assembled, tion to the entity loan fund; and The senior assistant legislative clerk SECTION 1. SHORT TITLE. ‘‘(iii) interest earned on amounts in the en- read as follows: This Act may be cited as the ‘‘Safe- tity loan fund. A bill (S. 2315) to amend section 4712 of guarding Tomorrow through Ongoing Risk ‘‘(3) ADMINISTRATION.—A participating en- title 41, United States Code, to clarify the in- Mitigation Act of 2020’’ or the ‘‘STORM tity may combine the financial administra- clusion of subcontractors and subgrantees Act’’. tion of the entity loan fund of such entity for whistleblower protection. SEC. 2. GRANTS TO ENTITIES FOR ESTABLISH- with the financial administration of any There being no objection, the com- MENT OF HAZARD MITIGATION RE- other revolving fund established by such en- VOLVING LOAN FUNDS. tity if the Administrator determines that— mittee was discharged and the Senate Title II of the Robert T. Stafford Disaster ‘‘(A) the capitalization grant, entity share, proceeded to consider the bill. Relief and Emergency Assistance Act (42 repayments of loans, and interest earned on Mr. INHOFE. I ask unanimous con- U.S.C. 5131 et seq.) is amended by adding at amounts in the entity loan fund are ac- sent that the bill be considered read a the end the following: counted for separately from other amounts third time and passed and the motion ‘‘SEC. 205. GRANTS TO ENTITIES FOR ESTABLISH- in the revolving fund; and to reconsider be considered made and MENT OF HAZARD MITIGATION RE- ‘‘(B) the authority to establish assistance laid upon the table. VOLVING LOAN FUNDS. priorities and carry out oversight activities The PRESIDING OFFICER. Without ‘‘(a) GENERAL AUTHORITY.— remains in the control of the entity agency objection, it is so ordered. ‘‘(1) IN GENERAL.—The Administrator may responsible for emergency management. The bill (S. 2315) was ordered to be enter into agreements with eligible entities ‘‘(4) ENTITY SHARE OF FUNDS.— to make capitalization grants to such enti- ‘‘(A) IN GENERAL.—On or before the date on engrossed for a third reading, was read ties for the establishment of hazard mitiga- which a participating entity receives a cap- the third time, and passed as follows: tion revolving loan funds (referred to in this italization grant under this section, the enti- S. 2315 section as ‘entity loan funds’) for providing ty shall deposit into the entity loan fund of Be it enacted by the Senate and House of Rep- funding assistance to local governments to such entity, an amount equal to not less resentatives of the United States of America in carry out eligible projects under this section than 10 percent of the amount of the capital- Congress assembled, to reduce disaster risk in order to decrease— ization grant. SECTION 1. SHORT TITLE. ‘‘(A) the loss of life and property; ‘‘(B) REDUCED GRANT.—If, with respect to a This Act may be cited as the ‘‘Whistle- ‘‘(B) the cost of insurance; and capitalization grant under this section, a blower Act of 2019’’. ‘‘(C) Federal disaster payments. participating entity deposits in the entity SEC. 2. PROTECTION AGAINST REPRISAL FOR ‘‘(2) AGREEMENTS.—Any agreement entered loan fund of the entity an amount that is FEDERAL SUBGRANTEE EMPLOY- into under this section shall require the par- less than 10 percent of the total amount of EES. ticipating entity to— the capitalization grant that the partici- Section 4712 of title 41, United States Code, ‘‘(A) comply with the requirements of this pating entity would otherwise receive, the is amended— section; and Administrator shall reduce the amount of

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.019 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE S7376 CONGRESSIONAL RECORD — SENATE December 9, 2020 the capitalization grant received by the enti- ‘‘(ii) annual principal and interest pay- ‘‘(C) the study and creation of land use in- ty to the amount that is 10 times the amount ments will commence not later than 1 year centives that reward developers for greater so deposited. after completion of any project and all loans reliance on low impact development ‘‘(d) APPORTIONMENT.— made under this subparagraph will be fully stormwater best management practices, ex- ‘‘(1) IN GENERAL.—Except as otherwise pro- amortized— change density increases for increased open vided by this subsection, the Administrator ‘‘(I) not later than 20 years after the date space and improvement of neighborhood shall apportion funds made available to on which the project is completed; or catch basins to mitigate urban flooding, re- carry out this section to entities that have ‘‘(II) for projects in a low-income geo- ward developers for including and aug- entered into an agreement under subsection graphic area, not later than 30 years after menting natural infrastructure adjacent to (a)(2) in amounts as determined by the Ad- the date on which the project is completed and around building projects without reli- ministrator. and not longer than the expected design life ance on increased sprawl, and reward devel- ‘‘(2) RESERVATION OF FUNDS.—The Adminis- of the project; opers for addressing wildfire ignition; and trator shall reserve not more than 2.5 per- ‘‘(iii) the loan recipient of a loan under ‘‘(D) the study and creation of an erosion cent of the amount made available to carry this subparagraph establishes a dedicated response plan that accommodates river, out this section for the øFederal Emergency source of revenue for repayment of the loan; lake, forest, plains, and ocean shoreline re- Management¿ Agency for— ‘‘(iv) the loan recipient of a loan under this treating or bluff stabilization due to in- ‘‘(A) administrative costs incurred in car- subparagraph has a hazard mitigation plan creased flooding and disaster impacts. rying out this section; that has been approved by the Adminis- ‘‘(5) ESTABLISHING AND CARRYING OUT BUILD- ‘‘(B) providing technical assistance to par- trator; and ING CODE ENFORCEMENT.—A participating en- ticipating entities under subsection (b)(2); ‘‘(v) the entity loan fund will be credited tity may use capitalization grants under this and with all payments of principal and interest section to enable units of local government ‘‘(C) capitalization grants to insular areas on all loans made under this subparagraph; to establish and carry out the latest pub- under paragraph (4). ‘‘(B) for mitigation efforts, in addition to lished editions of relevant building codes, ‘‘(3) PRIORITY.—In the apportionment of mitigation planning under section 322 not to specifications, and standards for the purpose capitalization grants under this subsection, exceed 10 percent of the capitalization grants of protecting the health, safety, and general the Administrator shall give priority to enti- made to the participating entity in a fiscal welfare of the building øs¿ users against dis- ty applications under subsection (b) that— year; asters and natural hazards. ‘‘(A) propose projects increasing resilience ‘‘(C) for the reasonable costs of admin- ‘‘(6) ADMINISTRATIVE AND TECHNICAL and reducing risk of harm to natural and istering the fund and conducting activities COSTS.—For each fiscal year, a participating built infrastructure; under this section, except that such amounts entity may use the amount described in ‘‘(B) involve a partnership between two or shall not exceed $100,000 per year, 2 percent paragraph (1)(C) to— more eligible entities to carry out a project of the capitalization grants made to the par- ‘‘(A) pay the reasonable costs of admin- or similar projects; ticipating entity in a fiscal year, or 1 percent istering the programs under this section, in- ‘‘(C) take into account regional impacts of of the value of the entity loan fund, which- cluding the cost of establishing an entity hazards on river basins, river corridors, ever amount is greatest, plus the amount of loan fund; and micro-watersheds, macro-watersheds, estu- any fees collected by the entity for such pur- ‘‘(B) provide technical assistance to recipi- pose regardless of the source; and aries, lakes, bays, and coastal regions and ents of financial assistance from the entity ‘‘(D) to earn interest on the entity loan areas at risk of earthquakes, tsunamis, loan fund, on the condition that such tech- fund. droughts, and wildfires; or nical assistance does not exceed 5 percent of ‘‘(2) PROHIBITION ON DETERMINATION THAT ‘‘(D) propose projects for the resilience of the capitalization grant made to such entity. LOAN IS A DUPLICATION.—In carrying out this major economic sectors or critical national ‘‘(7) LIMITATION FOR SINGLE PROJECTS.—A section, the Administrator may not deter- infrastructure, including ports, global com- participating entity may not provide an mine that a loan is a duplication of assist- modity supply chain assets (located within amount equal to or more than $5,000,000 to a ance or programs under this Act. an entity or within the jurisdiction of local single hazard mitigation project. ‘‘(3) PROJECTS AND ACTIVITIES ELIGIBLE FOR governments, insular areas, and øtribal¿ ASSISTANCE.—Except as provided in this sub- ‘‘(g) INTENDED USE PLANS.— Tribal governments), power and water pro- section, a participating entity may use funds ‘‘(1) IN GENERAL.—After providing for pub- duction and distribution centers, and bridges in the entity loan fund to provide financial lic comment and review, and consultation and waterways essential to interstate com- assistance for projects or activities that with appropriate government agencies of the merce. mitigate the impacts of natural hazards in- State or Indian Tribe, Federal agencies, and ‘‘(4) INSULAR AREAS.— cluding— interest groups, each participating entity ‘‘(A) APPORTIONMENT.—From any amount ‘‘(A) drought and prolonged episodes of in- shall annually prepare and submit to the Ad- remaining of funds reserved under paragraph tense heat; ministrator a plan identifying the intended (2), the Administrator may enter into agree- ‘‘(B) severe storms, including hurricanes, uses of the entity loan fund. ments to provide capitalization grants to in- tornados, wind storms, cyclones, and severe ‘‘(2) CONTENTS OF PLAN.—An entity in- sular areas. winter storms; tended use plan prepared under paragraph (1) ‘‘(B) REQUIREMENTS.—An insular area re- ‘‘(C) wildfires; shall include— ceiving a capitalization grant under this sec- ‘‘(D) earthquakes; ‘‘(A) the integration of entity planning ef- tion shall comply with the requirements of ‘‘(E) flooding; forts, including entity hazard mitigation this section as applied to participating enti- ‘‘(F) shoreline erosion; plans and other programs and initiatives re- ties. ‘‘(G) high water levels; and lating to mitigation of major disasters car- ‘‘(e) ENVIRONMENTAL REVIEW OF REVOLVING ‘‘(H) storm surges. ried out by such entity; LOAN FUND PROJECTS.—The Administrator ‘‘(4) ZONING AND LAND USE PLANNING ‘‘(B) an explanation of the mitigation and may delegate to a participating entity all of CHANGES.—A participating entity may use resiliency benefits the entity intends to the responsibilities for environmental re- not more than 10 percent of a capitalization achieve by— view, decision making, and action pursuant the National Environmental Policy Act of grant under this section to enable units of ‘‘(i) reducing future damage and loss asso- 1969 (42 U.S.C. 4321 et seq.), and other appli- local government to implement zoning and ciated with hazards; cable Federal environmental laws including land use planning changes focused on— ‘‘(ii) reducing the number of severe repet- the Endangered Species Act of 1973 (16 U.S.C. ‘‘(A) the development and improvement of itive loss structures and repetitive loss 1531 et seq.) and the National Historic Pres- zoning and land use codes that incentivize structures in the entity; ervation Act of 1966 ø(16 U.S.C. 470 et seq.)¿ and encourage low-impact development, re- ‘‘(iii) decreasing the number of insurance (54 U.S.C. 300101 et seq.) that would apply to silient wildland-urban interface land man- claims in the entity from injuries resulting the Administrator were the Administrator to agement and development, natural infra- from major disasters or other natural haz- undertake projects under this section as Fed- structure, green stormwater management, ards; and eral projects so long as the participating en- conservation areas adjacent to floodplains, ‘‘(iv) increasing the rating under the com- tity øcarry¿ carries out such responsibilities implementation of watershed or greenway munity rating system under section 1315(b) in the same manner and subject to the same master plans, and reconnection of of the National Flood Insurance Act of 1968 requirements as if the Administrator carried floodplains; (42 U.S.C. 4022(b)) for communities in the en- out such responsibilities. ‘‘(B) the study and creation of agricultural tity; ‘‘(f) USE OF FUNDS.— risk compensation districts where there is a ‘‘(C) information on the availability of, and ‘‘(1) TYPES OF ASSISTANCE.—Amounts de- desire to remove or set-back levees pro- application process for, financial assistance posited in an entity loan fund, including loan tecting highly developed agricultural land to from the entity loan fund of such entity; repayments and interest earned on such mitigate for flooding, allowing agricultural ‘‘(D) the criteria and methods established amounts, may be used— producers to receive compensation for as- for the distribution of funds; ‘‘(A) to make loans, on the condition suming greater flood risk that would allevi- ‘‘(E) the amount of financial assistance that— ate flood exposure to population øs¿ centers that the entity anticipates apportioning; ‘‘(i) such loans are made at an interest rate and areas with critical national infrastruc- ‘‘(F) the expected terms of the assistance of not more than 1 percent; ture; provided from the entity loan fund; and

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.018 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE December 9, 2020 CONGRESSIONAL RECORD — SENATE S7377 ‘‘(G) a description of the financial status of ‘‘(j) LIABILITY PROTECTIONS.—The øFederal The PRESIDING OFFICER. Without the entity loan fund, including short-term Emergency Management¿ Agency shall not objection, it is so ordered. and long-term goals for the fund. be liable for any claim based on the exercise The committee-reported amendments ‘‘(h) AUDITS, REPORTS, PUBLICATIONS, AND or performance of, or the failure to exercise were withdrawn. OVERSIGHT.— or perform, a discretionary function or duty ‘‘(1) BIENNIAL ENTITY AUDIT AND REPORT.— by the Agency, or an employee of the Agency The amendment (No. 2697), in the na- Beginning not later than the last day of the in carrying out this section. ture of a substitute, was agreed to, as second fiscal year after the receipt of pay- ‘‘(k) DEFINITIONS.—In this section, the fol- follows: ments under this section, and biennially lowing definitions apply: (The amendment is printed in today’s thereafter, any participating entity shall— ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- RECORD under ‘‘Text of Amendments.’’) ø ¿ ‘‘(A) conduct an audit of such the entity trator’ means the Administrator of the Fed- ø ¿ The bill (S. 3418), as amended, was or- loan fund established under subsection (b) eral Emergency Management Agency. (c); and dered to be engrossed for a third read- ‘‘(2) AGENCY.—The term ‘Agency’ means ‘‘(B) provide to the Administrator a report ing, was read the third time, and the Federal Emergency Management Agen- passed. including— cy. ‘‘(i) the result of any such audit; and ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible f ‘‘(ii) a review of the effectiveness of the en- entity’ means— tity loan fund of the entity with respect to ‘‘(A) a State; or ORDERS FOR THURSDAY, meeting the goals and intended benefits de- ‘‘(B) an Indian øtribal¿ Tribal government DECEMBER 10, 2020 scribed in the intended use plan submitted that has received a major disaster declara- by the entity under subsection ø(f)¿ (g). Mr. INHOFE. Mr. President, I ask tion during the 5-year period ending on the ‘‘(2) PUBLICATION.—A participating entity unanimous consent that when the Sen- date of enactment of the STORM Act. shall publish and periodically update infor- ‘‘(4) HAZARD MITIGATION PLAN.—The term ate completes its business today, it ad- mation about all projects receiving funding ‘hazard mitigation plan’ means a mitigation journ until 10 a.m., Thursday, Decem- from the entity loan fund of such entity, in- plan submitted under section 322. ber 10; further, that following the pray- cluding— ‘‘(5) INSULAR AREA.—The term ‘insular er and pledge, the morning hour be ‘‘(A) the location of the project; area’ means Guam, American Samoa, the ‘‘(B) the type and amount of assistance deemed expired, the Journal of pro- Commonwealth of the Northern Mariana Is- provided from the entity loan fund; ceedings be approved to date, the time lands, and the United States Virgin Islands. ‘‘(C) the expected funding schedule; and for the two leaders be reserved for their ‘‘(6) LOW-INCOME GEOGRAPHIC AREA.—The ‘‘(D) the anticipated date of completion of use later in the day, and morning busi- term ‘low-income geographic area’ means an the project. area described in paragraph (1) or (2) of sec- ness be closed; finally, that following ‘‘(3) OVERSIGHT.— tion 301(a) of the Public Works and Economic leader remarks, the Senate resume ‘‘(A) IN GENERAL.—The Administrator Development Act of 1965 (42 U.S.C. 3161(a)). consideration of the conference report shall, at least every 4 years, conduct reviews ‘‘(7) PARTICIPATING ENTITY.—The term ‘par- to accompany H.R. 6395. and audits as may be determined necessary ticipating entity’ means an eligible entity or appropriate by the Administrator to carry The PRESIDING OFFICER. Without that has entered into an agreement under out the objectives of this section and deter- objection, it is so ordered. this section. mine the effectiveness of the fund in reduc- ‘‘(8) REPETITIVE LOSS STRUCTURE.—The f ing natural hazard risk. term ‘repetitive loss structure’ has the ‘‘(B) GAO REQUIREMENTS.—øThe¿ A partici- ADJOURNMENT UNTIL 10 A.M. meaning given the term in section 1370 of the pating entity shall conduct audits under National Flood Insurance Act of 1968 (42 TOMORROW paragraph (1) in accordance with the audit- U.S.C. 4121). ing procedures of the Government Account- Mr. INHOFE. Mr. President, if there ‘‘(9) SEVERE REPETITIVE LOSS STRUCTURE.— ability Office, including generally accepted is no further business to come before The term ‘severe repetitive loss structure’ government auditing standards. the Senate, I ask unanimous consent has the meaning given the term in section ‘‘(C) RECOMMENDATIONS BY ADMINIS- that it stand adjourned under the pre- 1366(h) of the National Flood Insurance Act TRATOR.—The Administrator may at any of 1968 (42 U.S.C. 4104c(h)). vious order. time make recommendations for or require ‘‘(10) STATE.—The term ‘State’ means any There being no objection, the Senate, specific changes to an entity loan fund in State of the United States, the District of at 7:02 p.m., adjourned until Thursday, order to improve the effectiveness of the Columbia, and Puerto Rico. December 10, 2020, at 10 a.m. fund. ‘‘(i) REGULATIONS OR GUIDANCE.—The Ad- ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— f ministrator shall issue such regulations or There are authorized to be appropriated guidance as are necessary to— $100,000,000 for each of fiscal years 2021 CONFIRMATIONS through 2023 to carry out this section.’’. ‘‘(1) ensure that each participating entity Executive nominations confirmed by uses funds as efficiently as possible; Mr. INHOFE. I ask unanimous con- the Senate December 9, 2020: ‘‘(2) reduce waste, fraud, and abuse to the sent that the committee-reported maximum extent possible; and amendments be withdrawn, the Peters FEDERAL ELECTION COMMISSION ‘‘(3) require any party that receives funds substitute amendment at the desk be ALLEN DICKERSON, OF THE DISTRICT OF COLUMBIA, directly or indirectly under this section, in- TO BE A MEMBER OF THE FEDERAL ELECTION COMMIS- considered and agreed to; the bill, as SION FOR A TERM EXPIRING APRIL 30, 2025. cluding a participating entity and a recipi- amended, be considered read a third SHANA M. BROUSSARD, OF LOUISIANA, TO BE A MEM- ent of amounts from an entity loan fund, to BER OF THE FEDERAL ELECTION COMMISSION FOR A use procedures with respect to the manage- time and passed and that the motion to TERM EXPIRING APRIL 30, 2023. reconsider be considered made and laid SEAN J. COOKSEY, OF MISSOURI, TO BE A MEMBER OF ment of the funds that conform to generally THE FEDERAL ELECTION COMMISSION FOR A TERM EX- accepted accounting standards. upon the table. PIRING APRIL 30, 2021.

VerDate Sep 11 2014 04:57 Dec 10, 2020 Jkt 019060 PO 00000 Frm 00089 Fmt 4624 Sfmt 9801 E:\CR\FM\A09DE6.018 S09DEPT1 ctelli on DSK11ZRN23PROD with SENATE